BOOK
I SOVEREIGNTY
AND GENERAL ADMINISTRATION Chapter
1THE
NATIONAL TERRITORY
Sec. 3. What Comprises National Territory. - The national territory
comprises
the Philippine archipelago, with all the islands and waters embraced
therein,
and all other territories over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial, and aerial
domains,
including its territorial sea, the seabed, the subsoil, the insular
shelves,
and other submarine areas. The waters around, between, and connecting
the
islands of the archipelago, regardless of their breadth and dimensions,
form part of the internal waters of the Philippines.chanrobles virtual law library
Sec. 4. Territorial Subdivision of the Philippines. - The territorial
and
political subdivisions of the Philippines are the autonomous regions,
provinces,
subprovinces, cities, municipalities and barangays.chanrobles virtual law library
Chapter
2THE
PEOPLE
Sec. 5. Who are Citizens. - The following are the citizens of the
Philippines:
(1)
Those
who are citizens of the Philippines at the time of the adoption of the
Constitution;
(2)
Those
whose fathers or mothers are citizens of the Philippines;
(3)
Those
born before January 17, 1973, of Filipino mothers, who elect Philippine
citizenship, unless by the act or omission they are deemed, under the
law,
to have renounced it.chanrobles virtual law library
Sec. 6. Effect of Marriage. - Citizens of the Philippines who marry
aliens
shall retain their citizenship, unless by their act or omission they
are
deemed, under the law, to have renounced it.chanrobles virtual law library
Sec. 7. Natural-born Citizen. - Natural-born citizens are those who are
citizens of the Philippines from birth without having to perform any
act
to acquire or perfect their Philippine citizenship. Those who elect
Philippine
citizenship in accordance with the Constitution shall be deemed
natural-born
citizens.chanrobles virtual law library
Sec. 8. Loss or Reacquisition of Citizenship. - Philippine citizenship
may be lost or reacquired in the manner provided by law.chanrobles virtual law library
Sec. 9. Dual Allegiance. - Dual allegiance is inimical to the national
interest and shall be dealt with by law.chanrobles virtual law library
Chapter
3STATE
IMMUNITY FROM SUIT
Sec. 10. Non-suability of the State. - No suit shall lie against the
State
except with its consent as provided by law.chanrobles virtual law library
Sec. 11. The State's Responsibility for Acts of Agents. - (1) The State
shall be legally bound and responsible only through the acts performed
in accordance with the Constitution and the laws by its duly authorized
representatives.chanrobles virtual law library
(2) The State shall not be bound by the mistakes or errors of its
officers
or agents in the exercise of their functions.chanrobles virtual law library
Chapter
4NATIONAL
SYMBOLS AND OFFICIAL LANGUAGES
Sec. 12. National Flag. - (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.chanrobles virtual law library
(2) The custody, ceremonial use, occasion and manner of display, and
the
proper care and disposition of the flag shall be governed by
appropriate
rules and regulations.chanrobles virtual law library
Sec. 13. National Anthem. - Until otherwise provided by law, the
musical
arrangement and composition of Julian Felipe is adopted as the national
anthem. It shall be sung or played upon the opening or start of all
state
celebrations or gatherings and on such other occasions as may be
prescribed
by appropriate rules and regulations.chanrobles virtual law library
Sec. 14. Arms and Great Seal of the Republic of the Philippines. - (1)
The Arms shall have paleways of two (2) pieces, azure and gules; a
chief
argent studded with three mullets equidistant from each other; and, in
point of honor, ovoid argent over all the sun rayonnant with eight
minor
and lesser rays. Beneath shall be a scroll with the words "Republic of
the Philippines, " or its equivalent in the national language,
inscribed
thereon.chanrobles virtual law library
(2) The Great Seal shall be circular in form, with the arms as
described
in the preceding paragraph, but without the scroll and the inscription
thereon, and surrounding the whole, a double marginal circle within
which
shall appear the words "Republic of the Philippines," or its equivalent
in the national language. For the purpose of placing the Great Seal,
the
color of the arms shall not be deemed essential.chanrobles virtual law library
Sec. 15. Use and Custody of Great Seal. - The Great Seal shall be
affixed
to or placed upon all commissions signed by the President and upon such
other official documents and papers of the Republic of the Philippines
as may be required by custom and usage. The President shall have
custody
of the Great Seal.chanrobles virtual law library
Sec. 16. Arms, Seals and Banners of Government Offices. - The various
offices
of government may adopt appropriate coats-of-arms, seals and banners.chanrobles virtual law library
Sec. 17. Official Languages. - Until otherwise provided by law,
Pilipino
and English shall be the official languages.chanrobles virtual law library
Chapter
5OPERATION
AND EFFECT OF LAWS
Sec. 18. When Laws Take Effect. - Laws shall take effect after fifteen
(15) days following the completion of their publication in the Official
Gazette or in a newspaper of general circulation, unless it is
otherwise
provided.chanrobles virtual law library
Sec. 19. Prospectivity. - Laws shall have prospective effect unless the
contrary is expressly provided.chanrobles virtual law library
Sec. 20. Interpretation of Laws and Administrative Issuances. - In the
interpretation of a law or administrative issuance promulgated in all
the
official languages, the English text shall control, unless otherwise
specifically
provided. In case of ambiguity, omission or mistake, the other texts
may
be consulted.chanrobles virtual law library
Sec. 21. No Implied Revival of Repealed Law.- When a law which
expressly
repeals a prior law itself repealed, the law first repealed shall not
be
thereby revived unless expressly so provided.chanrobles virtual law library
Sec. 22. Revival of Law Impliedly Repealed. - When a law which
impliedly
repeals a prior law is itself repealed, the prior law shall thereby be
revived, unless the repealing law provides otherwise.chanrobles virtual law library
Sec. 23. Ignorance of the Law. - Ignorance of the law excuses no one
from
compliance therewith.chanrobles virtual law library
Chapter
6OFFICIAL
GAZETTE
Sec. 24. Contents. - There shall be published in the Official Gazette
all
legislative acts and resolutions of a public nature; all executive and
administrative issuances of general application; decisions or abstracts
of decisions of the Supreme Court and the Court of Appeals, or other
courts
of similar rank, as may be deemed by said courts of sufficient
importance
to be so published; such documents or classes of documents as may be
required
so to be published by law; and such documents or classes of documents
as
the President shall determine from time to time to have general
application
or which he may authorize so to be published.chanrobles virtual law library
The publication of any law, resolution or other official documents in
the
Official Gazette shall be prima facie evidence of its authority.chanrobles virtual law library
Sec. 25. Editing and Publications. - The Official Gazette shall be
edited
in the Office of the President and published weekly in Pilipino or in
the
English language. It shall be sold and distributed by the National
Printing
Office which shall promptly mail copies thereof to subscribers free of
postage.chanrobles virtual law library
Chapter
7REGULAR
HOLIDAYS AND NATIONWIDE SPECIAL DAYS
Sec. 26. Regular Holidays and Nationwide Special Days. - (1) Unless
otherwise
modified by law, order or proclamation, the following regular holidays
and special days shall be observed in this country:
New
Year's
Day - January 1
Maundy
Thursday
- Movable date
Good
Friday
- Movable date
Araw
ng
Kagitingan (Bataan - April 9 and Corregidor Day)
Labor
Day
- May 1
Independence
Day - June 12
National
Heroes Day - Last Sunday of August
Bonifacio
Day - November 30
Christmas
Day - December 25
Rizal
Day
- December 30
(B)
Nationwide
Special Days
(2) The terms "legal or regular holiday" and "special holiday", as used
in laws, orders, rules and regulations or other issuances shall be
referred
to as "regular holiday" and "special day", respectively.chanrobles virtual law library
Sec. 27. Local Special Days. - The President may proclaim any local
special
day for a particular date, group or place.chanrobles virtual law library
Sec. 28. Pretermission of Holiday. - Where the day, or the last day,
for
doing any act required or permitted by law falls on a regular holiday
or
special day, the act may be done on the next succeeding business day.chanrobles virtual law library
Chapter
8LEGAL
WEIGHTS MEASURES AND PERIOD
Sec. 29. Official Use of Metric System. - The metric system of weights
and measures shall be used in the Philippines for all products,
articles,
goods, commodities, materials, merchandise, utilities, services, as
well
as for commercial transactions like contracts, agreements, deeds and
other
legal instruments publicly and officially attested, and for all
official
documents. Only weights and measures of the metric system shall be
officially
sealed and licensed.chanrobles virtual law library
Sec. 30. Mandatory Nation-wide Use. - The metric system shall be fully
adopted in all agricultural, commercial, industrial, scientific and
other
sectors. Persons or entities allowed under existing laws to use the
English
system or other standards and weights are given until the date to be
fixed
by the Metric System Board to adopt the metric system.chanrobles virtual law library
Sec. 31. Legal Periods. - "Year" shall be understood to be twelve
calendar
months; "month" of thirty days, unless it refers to a specific calendar
month in which case it shall be computed according to the number of
days
the specific month contains; "day," to a day of twenty-four hours; and
"night," from sunset to sunrise.chanrobles virtual law library
Chapter
9GENERAL
PRINCIPLES GOVERNING PUBLIC OFFICERS
Sec. 32. Nature of Public Office. - Public office is a public trust.
Public
officers and employees must at all times be accountable to the people,
serve them with the utmost responsibility, integrity, loyalty and
efficiency,
act with patriotism and justice, and lead modest lives.chanrobles virtual law library
Sec. 33. Policy on Change of Citizenship. - Public officers and
employees
owe the Senate and the Constitution allegiance at all times, and any
public
officer or employee who seeks to change his citizenship or acquire the
status of an immigrant of another country during his tenure shall be
dealt
with by law.chanrobles virtual law library
Sec. 34. Declaration of Assets, Liabilities and Net Worth. - A public
officer
or employee shall upon assumption of office and as often thereafter as
may be required by law, submit a declaration under oath of his assets,
liabilities, and net worth.chanrobles virtual law library
Sec. 35. Ethics in Government. - All public officers and employees
shall
be bound by a Code of Ethics to be promulgated by the Civil Service
Commission.chanrobles virtual law library
Sec. 36. Inhibition Against Purchase of Property at Tax Sale. - No
officer
or employee of the government shall purchase directly or indirectly any
property sold by the government for the non-payment of any tax, fee or
other public charge. Any such purchase by an officer or employee shall
be void.chanrobles virtual law library
Sec. 37. Powers Incidental to Taking of Testimony. - When authority to
take testimony or receive evidence is conferred upon any administrative
officer or any non-judicial person, committee, or other body, such
authority
shall include the power to administer oaths, summon witnesses, and
require
the production of documents by a subpoena duces tecum.chanrobles virtual law library
Sec. 38. Liability of Superior Officers. - (1) A public officer shall
not
be civilly liable for acts done in the performance of his official
duties,
unless there is a clear showing of bad faith, malice or gross
negligence.chanrobles virtual law library
(2) Any public officer who, without just cause, neglects to perform a
duty
within a period fixed by law or regulation, or within a reasonable
period
if none is fixed, shall be liable for damages to the private party
concerned
without prejudice to such other liability as may be prescribed by law.chanrobles virtual law library
(3) A head of a department or a superior officer shall not be civilly
liable
for the wrongful acts, omissions of duty, negligence, or misfeasance of
his subordinates, unless he has actually authorized by written order
the
specific act or misconduct complained of.chanrobles virtual law library
Sec. 39. Liability of Subordinate Officers. -No subordinate officer or
employee shall be civilly liable for acts done by him in good faith in
the performance of his duties. However, he shall be liable for willful
or negligent acts done by him which are contrary to law, morals, public
policy and good customs even if he acted under orders or instructions
of
his superiors.chanrobles virtual law library
Chapter
10OFFICIAL
OATHS
Sec. 40. Oaths of Office for Public Officers and Employees. - All
public
officers and employees of the government including every member of the
armed forces shall, before entering upon the discharge of his duties,
take
an oath or affirmation to uphold and defend the Constitution; that he
will
bear true faith and allegiance to it; obey the laws, legal orders and
decrees
promulgated by the duly constituted authorities; will well and
faithfully
discharge to the best of his ability the duties of the office or
position
upon which he is about to enter; and that he voluntarily assumes the
obligation
imposed by his oath of office, without mental reservation or purpose of
evasion. Copies of the oath shall be deposited with the Civil Service
Commission
and the National Archives.chanrobles virtual law library
Sec. 41. Officers Authorized to Administer Oath. - (1) The following
officers
have general authority to administer oath: Notaries public, members of
the judiciary, clerks of courts, the Secretary of the either House of
the
Congress of the Philippines, of departments, bureau directors,
registers
of deeds, provincial governors and lieutenant-governors, city mayors,
municipal
mayors and any other officer in the service of the government of the
Philippines
whose appointment is vested in the President.chanrobles virtual law library
(2) Oaths may also be administered by any officer whose duties, as
defined
by law or regulation, require presentation to him of any statement
under
oath
Sec. 42. Duty to Administer Oath. - Officers authorized to administer
oaths,
with the exception of notaries public, municipal judges and clerks of
court,
are not obliged to administer oaths or execute certificates save in
matters
of official business; and with the exception of notaries public, the
officer
performing the service in those matters shall charge no fee, unless
specifically
authorized by law.chanrobles virtual law library
Chapter
11OFFICIAL
REPORTS
Sec. 43. Annual Reports. - The heads of the several branches,
subdivisions,
department and agencies or instrumentalities of the Government shall
prepare
and submit annual reports to the President on or before the first day
of
July 1 of each year.chanrobles virtual law library
Sec. 44. Contents of Reports. - The contents of the annual reports
shall
be prescribed by law or, in the absence thereof, by executive order.chanrobles virtual law library
Sec. 45. Special Reports. - Each chief of Bureau or other officer of
the
government shall make such special reports concerning the work of his
Bureau
or Office as may from time to time be required of him by the President
of the Philippines or Head of Department.chanrobles virtual law library
Sec. 46. Deposit with Archives. - Official copies of annual reports
shall
be deposited with the National Archives and shall be open to public
inspection.chanrobles virtual law library
Chapter
12PUBLIC
CONTRACTS AND CONVEYANCES
Sec. 47. Contracts and Conveyances. - Contracts or conveyances may be
executed
for and in behalf of the Government or of any of its branches,
subdivisions,
agencies, or instrumentalities, including government-owned or
controlled
corporations, whenever demanded by the exigency or exigencies of the
service
and as long as the same are not prohibited by law.chanrobles virtual law library
Sec. 48. Official Authorized to Convey Real Property. - Whenever real
property
of the Government is authorized by law to be conveyed, the deed of
conveyance
shall be executed in behalf of the government by the following:
(1) For property belonging to and titled in the name of the Republic of
the Philippines, by the President, unless the authority therefor is
expressly
vested by law in another officer.chanrobles virtual law library
(2) For property belonging to the Republic of the Philippines but
titled
in the name of any political subdivision or of any corporate agency or
instrumentality, by the executive head of the agency or instrumentality.chanrobles virtual law library
Sec. 49. Authority to Convey other Property. - Whenever property other
than real is authorized to be conveyed, the contract or deed shall be
executed
by the head of the agency with the approval of the department head.
Where
the operations of the agency regularly involve the sale or other
disposition
of personal property, the deed shall be executed by any officer or
employee
expressly authorized for that purpose.chanrobles virtual law library
Sec. 50. Conveyance of National Government Property to Local
Governments.
- When the real property belonging to the National Government is needed
for school purposes, or other official use by any local government, the
President shall authorize its transfer, and the department head or
other
authority concerned shall execute in favor of the local government the
necessary deed of conveyance by way of gift, sale, exchange, or
otherwise,
and upon such terms as shall be for the interest of the parties
concerned.
Nothing herein provided shall be deemed to authorize the conveyance of
unreserved public land, friar land or any real property held by the
Government
in trust or for a special purpose defined by law.chanrobles virtual law library
Sec. 51. Execution of Contracts. - (1) Contracts in behalf of the
Republic
of the Philippines shall be executed by the President unless authority
therefor is expressly vested by law or by him in any other public
officer.chanrobles virtual law library
(2) Contracts in behalf of the political subdivisions and corporate
agencies
or instrumentalities shall be approved by their respective governing
boards
or councils and executed by their respective executive heads.chanrobles virtual law library |