PREAMBLE
The Filipino people, imploring the aid of Divine Providence and
desiring to lead a free national existence, do hereby proclaim their
independence, and in order to establish a government that shall promote
the general welfare, conserve and develop the patrimony of the Nation,
and contribute to the creation of a world order based on peace,
liberty, and moral justice, do ordain this Constitution.cralaw:red
Article I
The Republic of the Philippines
Section 1. The Philippines is a republican state. The government
established by this Constitution shall be known as the Republic of the
Philippines.cralaw:red
Section
2. The Republic of the Philippines shall exercise sovereignty over all
the national territory as at present defined by law.cralaw:red
Article II
The Executive
Section 1. The Executive power shall be vested in the President of the Republic of the Philippines.cralaw:red
Section 2. The President shall be elected by a majority of all the
members of the National Assembly at the place and on the date to be
fixed by law.cralaw:red
Section 3. No person may be elected President unless he be a
natural-born citizen of the Philippines, is forty years of age or over,
and has been a resident of the Philippines for at least ten years
immediately preceding the election.cralaw:red
Section 4. The President shall hold office during a term of six years and may not be re-elected for the following term.cralaw:red
Section 5. The term of the President shall end at noon on the thirtieth
day of December following the expiration of six years after his
election, and from such time the term of his successor shall begin. If
his successor shall not have been chosen before such time, or if the
President-elect shall have failed to qualify, then the outgoing
President shall continue in office until his successor shall ‘have been
elected and qualified. In the event of the removal of the President
from office or of his death, resignation, or inability to discharge the
powers and duties of his office, the same shall devolve on the ranking
Minister in the order of precedence established by law until a new
President shall have been elected for the unexpired term. In the latter
case, the election shall be held within sixty days after such removal,
death, resignation, or inability.cralaw:red
Section 6. Before assuming the duties of his office, the President shall take the following oath or affirmation:
“I do solemnly swear (or affirm) that I will faithfully and
conscientiously fulfill my duties as President of the Republic 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, the last sentence
will be omitted.)
Section 7. The President shall have an official residence and receive
such compensation as may be fixed by law which shall neither be
increased nor diminished during the period for which he shall have been
elected, and he shall not receive within that period any other
emolument from the government or any of its subdivisions or
instrumentalities.cralaw:red
Section 8. The President shall have supervision and control of all the
ministries, bureaus or offices, all local governments, and all other
branches or instrumentalities of the Executive Department, and take
care that the laws be faithfully executed.cralaw:red
Section 9. The President shall be commander-in-chief of all armed
forces of the Republic of the Philippines and, whenever it becomes
necessary, he may call out such armed forces to prevent or suppress
lawlessness, invasion, insurrection, or rebellion. In case of invasion,
insurrection, or rebellion, or imminent danger thereof, or when the
public safety so requires, he may suspend the privileges of the writ of
habeas corpus, or place the Philippines or any part thereof under
martial law.cralaw:red
Section 10. The President shall appoint the Ministers and
Vice-Ministers, and with the advice of his Cabinet, shall appoint
ambassadors, diplomatic ministers and consuls, heads of bureaus and
offices, officers of the Army from the rank of colonel, of the Navy and
of the Air forces from the rank of captain or commander, provincial
governors, city and municipal mayors, and all other officers of the
government whose appointments are not otherwise provided for by law.cralaw:red
Section 11. There shall be a Council of State to advise the President
on matters of national policy. It shall be composed of not more than
twenty members to be appointed by the President from among citizens who
may have rendered distinguished service to the Nation.cralaw:red
Section 12. The President, with the concurrence of two-thirds of all
the members of the National Assembly, shall have the power to declare
war and make peace, and, with the concurrence of a majority of all its
members, conclude treaties. He shall receive ambassadors and diplomatic
ministers duly accredited to the Republic of the Philippines.cralaw:red
Section 13. The President shall have the power to grant reprieves,
commutations and pardons, and remit fines and forfeitures, after
conviction, for all offenses, 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 National
Assembly.cralaw:red
Section 14. The President shall from time to time give to the National
Assembly information of the state of he Nation, and recommend to its
consideration such measures as he shall judge necessary and expedient.cralaw:red
Article III
The Legislature
Section 1. The Legislative power shall be vested in the National Assembly.cralaw:red
Section 2. The National Assembly shall be composed of the provincial
governors and city mayors as members ex-officio, and of delegates to be
elected every three years, one from each and every province and
chartered city. The date and manner of their election and the method of
filling vacancies shall be prescribed by law, which shall not be
subject to change or modification during the Greater East Asia War.cralaw:red
Section 3. No person shall be elected to the National Assembly unless
he has been five years a citizen of the Philippines, and is at least
thirty years of age.cralaw:red
Section 4. (1) The National Assembly shall convene in regular session once
every year on a date to be fixed by law, but no regular session shall
continue longer than sixty days, exclusive of Sundays. It may also be
called in special session by the President, for such time as he may
determine, to consider general legislation or only such subjects as he
may designate.cralaw:red
(2) The National Assembly shall choose its Speaker, a secretary, a
sergeant-at-arms, and such other officers as may be required. A
majority of all the members 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.cralaw:red
(3) The National Assembly shall be the sole judge of the election,
returns and qualifications of its elective members, and may determine
the rules of its proceedings, punish its members for disorderly
behavior, and, with the concurrence of two-thirds, expel a member. It
shall keep a journal of its proceedings, and from time to time publish
the same, excepting such parts unless the National Assembly by
adjournment prevent its return, in which case it shall become a law
unless vetoed by the President within forty days after adjournment.cralaw:red
(2) The President shall have the power to veto any particular item
or items of an appropriation, revenue or tariff 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 wit’hout at the same time
vetoing the particular item or items to which it relates.cralaw:red
Section
10. (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.cralaw:red
(2) No bill shall be passed or become a law unless copies thereof
in its final form shall have been furnished the members at least three
calendar days prior to its passage by the National Assembly, 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 final passage shall
be taken immediately thereafter, and the yeas and nays entered on the
journal.cralaw:red
Section 11. (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 created has been fulfilled
or abandoned, the balance, if any, shall be transferred to the general
funds of the government.cralaw:red
(2) No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.cralaw:red
(3) No public money or property shall 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, 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, orphanage, or leprosarium.cralaw:red
Section 12. (1) The rule of taxation shall be uniform.cralaw:red
(2) The National Assembly 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 duties.cralaw:red
(3) Cemeteries, churches and parsonages or convents appurtenent
thereto, and all lands, buildings and improvements used exclusively for
religious, charitable or educational purposes, shall be exempt from
taxation.cralaw:red
Section 13. In times of war or other national emergency, the National
Assembly 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.cralaw:red
Section 14. When the National Assembly is not in session, the President
may, in cases of urgent necessity, promulgate rules and ordinances
which shall have the force and effect of law until disapproved by
resolution before the end of the next regular session of the National
Assembly.cralaw:red
Article IV
The Judiciary
Section 1. The Judicial Power shall be vested in the Supreme Court and such inferior courts as may be established by law.cralaw:red
Section 2. The National Assembly shall have the power to define,
prescribe, and apportion the jurisdiction of the various courts, but
may not deprive the Supreme Court of its original Jurisdiction over
cases affecting ambassadors, diplomatic 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 all
cases in which the constitutionality of any law, ordinance, or
executive order or regulation is in question, or in which the
jurisdiction of any court is in issue or where only errors or questions
of law are involved.cralaw:red
Section 3. Unless otherwise provided by law, the Supreme Court shall be composed of a Chief Justice and six Associate Justices.cralaw:red
Section 4. The members of. the Supreme Court shall be appointed by the
President with the advice of the Cabinet. All judges of inferior
courts shall be appointed by the President with the advice of the
Supreme Court.cralaw:red
Section 5. No person may be appointed member of the Supreme Court
unless he be a citizen of the Philippines, is at least forty years of
age and has been a judge of a court of record or has been engaged in
the practice of law in the Philippines for at least ten years.cralaw:red
Section 6. The National Assembly shall prescribe the qualifications of
judges of the inferior courts but no person may be appointed judge of
any such courts unless he be a citizen of the Philippines and has been
admitted to the practice of law in the Philippines.cralaw:red
Section 7. The members of the Supreme Court and judges of inferior
courts shall hold office during good behavior, until they become
incapacitated to discharge the duties of their office. They shall
receive such compensation as may be fixed by law, which may not be
diminished during their continuance in office except in case of a
general revision of salaries of all officials and employees of the
government.cralaw:red
Section 8. 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 the writing of opinion of the court. Any
Justice dissenting from a decision shall state the reasons for his
dissent.cralaw:red
Section 9. No law or executive order, ordinance or regulation may be
declared unconstitutional without the unanimous vote of all the members
of the Supreme Court.cralaw:red
Section 10. 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.cralaw:red
Section 11. 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. All existing laws on pleading, practice and
procedure are subject to alteration and modification by the Supreme
Court.cralaw:red
Article V
Impeachment
Section 1. The President and the Justices of the Supreme Court shall
be removed from office on impeachment for, and conviction of, culpable
violation of the Constitution, treason, bribery, or other high crimes.cralaw:red
Section 2. The National Assembly, by a vote of two-thirds of all its members, shall have the sole power of impeachment.cralaw:red
Section 3. The Supreme Court shall have the sole power to try all
impeachments. No person shall be convicted without the concurrence of
three-fourths of all the Justices of the Supreme Court.cralaw:red
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 Republic
of the Philippines, but the party convicted shall nevertheless be
liable and subject to prosecution, trial, and punishment, according to
law.cralaw:red
Article VI
Citizenship
Section 1. The following are citizens of the Philippines:
(1) Those who are citizens of the Philippines at the time of the adoption of this Constitution and their descendants.cralaw:red
(2) Those who are naturalized in accordance with law.cralaw:red
Section 2. Philippine citizenship may be lost or reacquired in the manner provided by law.cralaw:red
Article VII
Duties and Rights of the Citizen
Section 1. It is the duty of every citizen to render personal
military and civil service as may be required by law, to pay taxes and
public charges, and to engage in a useful calling, occupation or
profession.cralaw:red
Section 2. 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.cralaw:red
Section 3. No law shall be made respecting an establishment of religion
or prohibiting the free exercise thereof, and no religious test shall
be required for the exercise of civil or political rights.cralaw:red
Section 4. No law impairing the obligation of contracts shall be passed.cralaw:red
Section 5. No ex post facto law shall be enacted.cralaw:red
Section 6. No person shall be imprisoned for debt.cralaw:red
Section 7. No involuntary servitude in any form shall exist except as a
punishment for crime whereof the party shall have been duly convicted.cralaw:red
Section 8. The privilege of the writ of habeas corpus shall not be
suspended except in cases of invasion, insurrection, rebellion, or when
the public safety so requires.cralaw:red
Section 9. Private property shall not be taken for public use without just compensation.cralaw:red
Section 10. Free access to the courts or administrative tribunals shall not be denied to any person by reason of poverty.cralaw:red
Section 11. Subject to such limitations as may be imposed by law in the
interest of peace, morals, health, safety or public security:
(1) The right to be secure against unreasonable searches and seizures shall not be violated.
(2) The privacy of communication and correspondence shall not be invaded.
(3) The right to form associations or societies for purposes not contrary to law shall not be infringed.
(4) The free enjoyment and practice of religious profession and
worship, without discrimination or preference, shall not be curtailed.
(5) The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired.
(6) 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, shall not be abridged.cralaw:red
Article VIII
Conservation 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
sources 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 the limit of the grant.cralaw:red
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
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.cralaw:red
Section 3. The National Assembly 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.cralaw:red
Section 4. The National Assembly may authorize, upon payment of just
compensation, the expropriation of lands to be subdivided into small
lots and conveyed at cost to individuals.cralaw:red
Section 5. 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, or to
persons entitled by law to inherit in case of intestate succession.cralaw:red
Article IX
General Provisions
Section 1. The flag of the Republic of the Philippines shall be red,
white, and blue, with a sun and three stars, as consecrated and honored
by the Filipino people.cralaw:red
Section 2. The government shall take steps toward the development and propagation of Tagalog as the national language.cralaw:red
Section 3. There shall be a General Auditing Office to examine, audit
and settle all accounts pertaining to the revenues, receipts,
expenditures of funds and properties of the government, its
subdivisions and instrumentalities, as well as of such persons or
institutions as may be provided by law.cralaw:red
Section 4. A Civil Service embracing all branches and subdivisions 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.cralaw:red
Section 5. All public officers and members of the armed forces shall take an oath to support and defend the Constitution.cralaw:red
Section 6. No public officer or employee shall receive additional or double compensation unless specifically authorized by law.cralaw:red
Section 7. Public officers and employees shall not be engaged in the
practice of any profession during their continuance in office; nor
shall they, directly or indirectly, intervene in the management or
control of any private enterprise which in any way may be affected by
the functions of their office, or be financially interested in any
contract with the government, or any subdivision or instrumentality
thereof.cralaw:red
Section 8. The promotion of social justice to insure the well-being and
economic security of all the people shall be the concern of the State.cralaw:red
Section 9. 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.cralaw:red
Section 10. 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 national
education, and shall provide at least free public elementary
instruction, and citizenship training to adult citizens. All schools,
colleges, and universities shall aim to develop moral character,
personal and collective discipline, civic conscience, and vocational
skill, secure social efficiency, and teach the duties of citizenship.
Optional religious instruction shall be maintained in the public
schools as now authorized by law. The State shall create scholarships
in arts, science, and letters for specially gifted citizens.cralaw:red
Section 11. The State shall afford protection to labor, especially to
working women and minors, and shall regulate the relations between
landowner and tenant, and between labor and capital in industry and in
agriculture. The State may provide for compulsory arbitration.cralaw:red
Section 12. The State may, in the interest of 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.cralaw:red
Section 13. 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 National Assembly when the public interest so requires.cralaw:red
Section 14. 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.cralaw:red
Article X
Amendments
Section 1. The National Assembly, by a vote of two-thirds of all its
members, may propose amendments to this Constitution, but such
amendments shall not be valid as part of the Constitution unless
approved by the people at a plebiscite or convention especially called
for that purpose and on the date and under conditions to be prescribed
by law.cralaw:red
Article XI
Transitory Provisions
Section 1. This Constitution shall be ratified by the people at a
plebiscite or convention especially called for that purpose. The manner
of holding such plebiscite or convention shall be provided by law.cralaw:red
Section 2. The first National Assembly shall convene at the place and
on the date fixed by law, and immediately after its organization shall
elect the President of the Republic of the Philippines.cralaw:red
Section 3. The existing executive departments of the Philippine
Executive Commission shall continue as Ministries of the Republic until
the National Assembly shall by law provide otherwise.cralaw:red
Section 4. All laws of the Philippines shall continue in force until
the inauguration of the Republic; thereafter, such laws shall remain
operative unless inconsistent with this Constitution, until amended,
altered, modified or repealed by the National Assembly, and all
references in such laws to the government or officials of the
Philippines or of the Philippine Executive Commission shall be
construed, in so far as applicable, to refer to the government and
corresponding officials under the Republic,
Section 5. All courts existing at the time of the adoption of this
Constitution shall continue and exercise their jurisdiction, except in
so far as it may be inconsistent with the provisions of his
Constitution, until otherwise provided by law in accordance with this
Constitution; but all cases, civil and criminal, pending in said courts
shall be heard, tried and determined under the laws then in force.cralaw:red
Section 6. All officers and employees of the government under the
Philippine Executive Commission shall continue in office until the
National Assembly 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.cralaw:red
Section 7. The prohibitions and limitations provided for in this
Constitution, notwithstanding, the President of the Republic of the
Philippines may enter into an agreement with any foreign nation for the
utilization of natural resources and the operation of public utilities,
which agreement shall expire upon the termination of the Greater East
Asia War.cralaw:red
Section 8. All property rights and privileges acquired by any person,
entity or corporation, since the outbreak of the Greater East Asia War,
shall be subject to adjustment and settlement upon the termination of
the said war.cralaw:red
Section 9. The provisions of this Constitution, except those contained
in this Article and those which refer to the election and qualification
of officers to be elected under this Constitution, shall not take
effect until the inauguration of the Republic of the Philippines.cralaw:red
Article XII
Special Provision
Section 1. Within one year after the termination of the Greater
East Asia War, the National Assembly shall by law provide for the
election by popular suffrage of delegates to a Constitutional
Convention, which shall meet not later than sixty days after their
election in order to formulate and adopt a new Constitution which shall
become effective upon its approval by the people at a plebiscite to be
held for the purpose. After such approval the National Assembly shall’
forthwith provide for the election of the officers under the new
Constitution and the inauguration of the government established
thereunder.
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