1987 CONSTITUTION OF THE REPUBLIC

OF THE PHILIPPINES

PREAMBLE

We, the sovereign Filipino people, imploring

the aid of Almighty God, in order to build a just
and humane society, and establish a
Government that shall embody our ideals and
aspirations, promote the common good,
conserve and develop our patrimony, and
secure to ourselves and our posterity, the
blessings of independence and democracy
under the rule of law and a regime of truth,
justice, freedom, love, equality, and peace, do
ordain and promulgate this Constitution.

ARTICLE I
NATIONAL TERRITORY

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.

ARTICLE II
DECLARATION OF PRINCIPLES AND
STATE POLICIES PRINCIPLES

Section 1. The Philippines is a democratic

and republican State. Sovereignty resides in
the people and all government authority
emanates from them.

Section 2. The Philippines renounces war as

an instrument of national policy, adopts the
generally accepted principles of international
law as part of the law of the land and adheres
to the policy of peace, equality, justice,
freedom, cooperation, and amity with all
nations.

Section 3. Civilian authority is, at all times,

supreme over the military. The Armed Forces
of the Philippines is the protector of the people
and the State. Its goal is to secure the
sovereignty of the State and the integrity of
the national territory.
Section 4. The prime duty of the Government
is to serve and protect the people. The
Government may call upon the people to
defend the State and, in the fulfillment thereof,
all citizens may be required, under conditions
provided by law, to render personal, military or
civil service.

Section 5. The maintenance of peace and

order, the protection of life, liberty, and
property, and promotion of the general welfare
are essential for the enjoyment by all the
people of the blessings of democracy.

Section 6. The separation of Church and

State shall be inviolable.

STATE POLICIES

Section 7. The State shall pursue an

independent foreign policy. In its relations with
other states, the paramount consideration
shall be national sovereignty, territorial
integrity, national interest, and the right to self-
determination.

Section 8. The Philippines, consistent with

the national interest, adopts and pursues a
policy of freedom from nuclear weapons in its
territory.

Section 9. The State shall promote a just and

dynamic social order that will ensure the
prosperity and independence of the nation
and free the people from poverty through
policies that provide adequate social services,
promote full employment, a rising standard of
living, and an improved quality of life for all.

Section 10. The State shall promote social

justice in all phases of national development.

Section 11. The State values the dignity of

every human person and guarantees full
respect for human rights.

Section 12. The State recognizes the sanctity

of family life and shall protect and strengthen
the family as a basic autonomous social
institution. It shall equally protect the life of the
mother and the life of the unborn from
conception. The natural and primary right and
duty of parents in the rearing of the youth for
civic efficiency and the development of moral
character shall receive the support of the
Government.
Section 13. The State recognizes the vital
role of the youth in nation-building and shall
promote and protect their physical, moral,
spiritual, intellectual, and social well-being. It
shall inculcate in the youth patriotism and
nationalism, and encourage their involvement
in public and civic affairs.

Section 14. The State recognizes the role of

women in nation-building, and shall ensure
the fundamental equality before the law of
women and men.

Section 15. The State shall protect and

promote the right to health of the people and
instill health consciousness among them.

Section 16. The State shall protect and

advance the right of the people to a balanced
and healthful ecology in accord with the
rhythm and harmony of nature.

Section 17. The State shall give priority to

education, science and technology, arts,
culture, and sports to foster patriotism and
nationalism, accelerate social progress, and
promote total human liberation and
development.
Section 18. The State affirms labor as a
primary social economic force. It shall protect
the rights of workers and promote their
welfare.

Section 19. The State shall develop a self-

reliant and independent national economy
effectively controlled by Filipinos.

Section 20. The State recognizes the

indispensable role of the private sector,
encourages private enterprise, and provides
incentives to needed investments.

Section 21. The State shall promote

comprehensive rural development and
agrarian reform.

Section 22. The State recognizes and

promotes the rights of indigenous cultural
communities within the framework of national
unity and development.

Section 23. The State shall encourage non-

governmental, community-based, or sectoral
organizations that promote the welfare of the
nation.
Section 24. The State recognizes the vital
role of communication and information in
nation-building.

Section 25. The State shall ensure the

autonomy of local governments.

Section 26. The State shall guarantee equal

access to opportunities for public service and
prohibit political dynasties as may be defined
by law.

Section 27. The State shall maintain honesty

and integrity in the public service and take
positive and effective measures against graft
and corruption.

Section 28. Subject to reasonable conditions

prescribed by law, the State adopts and
implements a policy of full public disclosure of
all its transactions involving public interest.
 ARTICLE III
BILL OF RIGHTS

Section 1. No person shall be deprived of life,

liberty, or property without due process of law,
nor shall any person be denied the equal
protection of the laws.

Section 2. The right of the people to be

secure in their persons, houses, papers, and
effects against unreasonable searches and
seizures of whatever nature and for any
purpose shall be inviolable, and no search
warrant or warrant of arrest shall issue except
upon probable cause to be determined
personally by the judge after examination
under oath or affirmation of the complainant
and the witnesses he may produce, and
particularly describing the place to be
searched and the persons or things to be
seized.

Section 3.

1. The privacy of communication and

correspondence shall be inviolable
except upon lawful order of the court,
 or when public safety or order requires
otherwise, as prescribed by law.
2. Any evidence obtained in violation of
this or the preceding section shall be
inadmissible for any purpose in any
proceeding.

Section 4. No law shall be passed abridging

the freedom of speech, of expression, or of
the press, or the right of the people peaceably
to assemble and petition the government for
redress of grievances.

Section 5. No law shall be made respecting

an establishment of religion, or prohibiting the
free exercise thereof. The free exercise and
enjoyment of religious profession and worship,
without discrimination or preference, shall
forever be allowed. No religious test shall be
required for the exercise of civil or political
rights.

Section 6. The liberty of abode and of

changing the same within the limits prescribed
by law shall not be impaired except upon
lawful order of the court. Neither shall the right
to travel be impaired except in the interest of
national security, public safety, or public
health, as may be provided by law.
Section 7. The right of the people to
information on matters of public concern shall
be recognized. Access to official records, and
to documents and papers pertaining to official
acts, transactions, or decisions, as well as to
government research data used as basis for
policy development, shall be afforded the
citizen, subject to such limitations as may be
provided by law.

Section 8. The right of the people, including

those employed in the public and private
sectors, to form unions, associations, or
societies for purposes not contrary to law shall
not be abridged.

Section 9. Private property shall not be taken

for public use without just compensation.

Section 10. No law impairing the obligation of

contracts shall be passed.

Section 11. Free access to the courts and

quasi-judicial bodies and adequate legal
assistance shall not be denied to any person
by reason of poverty.
Section 12.

1. Any person under investigation for the

commission of an offense shall have
the right to be informed of his right to
remain silent and to have competent
and independent counsel preferably of
his own choice. If the person cannot
afford the services of counsel, he must
be provided with one. These rights
cannot be waived except in writing
and in the presence of counsel.
2. No torture, force, violence, threat,
intimidation, or any other means which
vitiate the free will shall be used
against him. Secret detention places,
solitary, incommunicado, or other
similar forms of detention are
prohibited.
3. Any confession or admission obtained
in violation of this or Section 17 hereof
shall be inadmissible in evidence
against him.
4. The law shall provide for penal and
civil sanctions for violations of this
Section as well as compensation to
the rehabilitation of victims of torture
or similar practices, and their families.
Section 13. All persons, except those
charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong,
shall, before conviction, be bailable by
sufficient sureties, or be released on
recognizance as may be provided by law. The
right to bail shall not be impaired even when
the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be
required.

Section 14.

1. No person shall be held to answer for

a criminal offense without due process
of law.
2. In all criminal prosecutions, the
accused shall be presumed innocent
until the contrary is proved, and shall
enjoy the right to be heard by himself
and counsel, to be informed of the
nature and cause of the accusation
against him, to have a speedy,
impartial, and public trial, to meet the
witnesses face to face, and to have
compulsory process to secure the
attendance of witnesses and the
production of evidence in his behalf.
However, after arraignment, trial may
 proceed notwithstanding the absence
of the accused: Provided, that he has
been duly notified and his failure to
appear is unjustifiable.

Section 15. The privilege of the writ of habeas

corpus shall not be suspended except in
cases of invasion or rebellion, when the public
safety requires it.

Section 16. All persons shall have the right to

a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative
bodies.

Section 17. No person shall be compelled to

be a witness against himself.

Section 18.

1. No person shall be detained solely by

reason of his political beliefs and
aspirations.
2. No involuntary servitude in any form
shall exist except as a punishment for
a crime whereof the party shall have
been duly convicted.
Section 19.

1. Excessive fines shall not be imposed,

nor cruel, degrading or inhuman
punishment inflicted. Neither shall
death penalty be imposed, unless, for
compelling reasons involving heinous
crimes, the Congress hereafter
provides for it. Any death penalty
already imposed shall be reduced to
reclusion perpetua.
2. The employment of physical,
psychological, or degrading
punishment against any prisoner or
detainee or the use of substandard or
inadequate penal facilities under
subhuman conditions shall be dealt
with by law.

Section 20. No person shall be imprisoned for

debt or non-payment of a poll tax.

Section 21. No person shall be twice put in

jeopardy of punishment for the same offense.
If an act is punished by a law and an
ordinance, conviction or acquittal under either
shall constitute a bar to another prosecution
for the same act.
Section 22. No ex post facto law or bill of
attainder shall be enacted.

ARTICLE IV
CITIZENSHIP

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;
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 upon reaching
the age of majority; and
4. Those who are naturalized in the
accordance with law.

Section 2. Natural-born citizens are those

who are citizens of the Philippines from birth
without having to perform any act to acquire or
perfect their Philippine citizenship. Those who
elect Philippine citizenship in accordance with
paragraph (3), Section 1 hereof shall be
deemed natural-born citizens.
Section 3. Philippine citizenship may be lost
or reacquired in the manner provided by law.

Section 4. Citizens of the Philippines who

marry aliens shall retain their citizenship,
unless by their act or omission they are
deemed, under the law to have renounced it.

Section 5. Dual allegiance of citizens is

inimical to the national interest and shall be
dealt with by law.

ARTICLE V
SUFFRAGE

Section 1. Suffrage may be exercised by all

citizens of the Philippines, not otherwise
disqualified by law, who are at least eighteen
years of age, and who shall have resided in
the Philippines for at least one year and in the
place wherein they propose to vote, for at
least six months immediately preceding the
election. No literacy, property, or other
substantive requirement shall be imposed on
the exercise of suffrage.

Section 2. The Congress shall provide a

system for securing the secrecy and sanctity
of the ballot as well as a system for absentee
voting by qualified Filipinos abroad.

The Congress shall also design a procedure

for the disabled and the illiterates to vote
without the assistance of other persons. Until
then, they shall be allowed to vote under
existing laws and such rules as the
Commission on Elections may promulgate to
protect the secrecy of the ballot.

ARTICLE VI
THE LEGISLATIVE DEPARTMENT

Section 1. The legislative power shall be

vested in the Congress of the Philippines
which shall consist of a Senate and a House
of Representatives, except to the extent
reserved to the people by the provision on
initiative and referendum.

Section 2. The Senate shall be composed of

twenty-four Senators who shall be elected at
large by the qualified voters of the Philippines,
as may be provided by law.

Section 3. No person shall be a Senator

unless he is a natural-born citizen of the
Philippines and, on the day of the election, is
at least thirty-five years of age, able to read
and write, a registered voter, and a resident of
the Philippines for not less than two years
immediately preceding the day of the election.

Section 4. The term of office of the Senators

shall be six years and shall commence, unless
otherwise provided by law, at noon on the
thirtieth day of June next following their
election. No Senator shall serve for more than
two consecutive terms. Voluntary renunciation
of the office for any length of time shall not be
considered as an interruption in the continuity
of his service for the full term of which he was
elected.

Section 5.

1. The House of Representatives shall

be composed of not more than two
hundred and fifty members, unless
otherwise fixed by law, who shall be
elected from legislative districts
apportioned among the provinces,
cities, and the Metropolitan Manila
area in accordance with the number of
their respective inhabitants, and on
the basis of a uniform and progressive
ratio, and those who, as provided by
 law, shall be elected through a party-
list system of registered national,
regional, and sectoral parties or
organizations.
2. The party-list representatives shall
constitute twenty per centum of the
total number of representatives
including those under the party list.
For three consecutive terms after the
ratification of this Constitution, one-
half of the seats allocated to party-list
representatives shall be filled, as
provided by law, by selection or
election from the labor, peasant, urban
poor, indigenous cultural communities,
women, youth, and such other sectors
as may be provided by law, except the
religious sector.
3. Each legislative district shall comprise,
as far as practicable, contiguous,
compact, and adjacent territory. Each
city with a population of at least two
hundred fifty thousand, or each
province, shall have at least one
representative.
4. Within three years following the return
of every census, the Congress shall
make a reapportionment of legislative
 districts based on the standards
provided in this section.

Section 6. No person shall be a Member of

the House of Representatives unless he is a
natural-born citizen of the Philippines and, on
the day of the election, is at least twenty-five
years of age, able to read and write, and,
except the party-list representatives, a
registered voter in the district in which he shall
be elected, and a resident thereof for a period
of not less than one year immediately
preceding the day of the election.

Section 7. The Members of the House of

Representatives shall be elected for a term of
three years which shall begin, unless
otherwise provided by law, at noon on the
thirtieth day of June next following their
election. No Member of the House of
Representatives shall serve for more than
three consecutive terms. Voluntary
renunciation of the office for any length of time
shall not be considered as an interruption in
the continuity of his service for the full term for
which he was elected.

Section 8. Unless otherwise provided by law,

the regular election of the Senators and the
Members of the House of Representatives
shall be held on the second Monday of May.

Section 9. In case of vacancy in the Senate

or in the House of Representatives, a special
election may be called to fill such vacancy in
the manner prescribed by law, but the Senator
or Member of the House of Representatives
thus elected shall serve only for the unexpired
term.

Section 10. The salaries of Senators and

Members of the House of Representatives
shall be determined by law. No increase in
said compensation shall take effect until after
the expiration of the full term of all the
Members of the Senate and the House of
Representatives approving such increase.

Section 11. A Senator or Member of the

House of Representatives shall, in all offenses
punishable by not more than six years
imprisonment, be privileged from arrest while
the Congress is in session. No Member shall
be questioned nor be held liable in any other
place for any speech or debate in the
Congress or in any committee thereof.
Section 12. All Members of the Senate and
the House of Representatives shall, upon
assumption of office, make a full disclosure of
their financial and business interests. They
shall notify the House concerned of a potential
conflict of interest that may arise from the
filing of a proposed legislation of which they
are authors.

Section 13. No Senator or Member of the

House of Representatives may hold any other
office or employment in the Government, or
any subdivision, agency, or instrumentality
thereof, including government-owned or
controlled corporations or their subsidiaries,
during his term without forfeiting his seat.
Neither shall he be appointed to any office
which may have been created or the
emoluments thereof increased during the term
for which he was elected.

Section 14. No Senator or Member of the

House of Representatives may personally
appear as counsel before any court of justice
or before the Electoral Tribunals, or quasi-
judicial and other administrative bodies.
Neither shall he, directly or indirectly, be
interested financially in any contract with, or in
any franchise or special privilege granted by
the Government, or any subdivision, agency,
or instrumentality thereof, including any
government-owned or controlled corporation,
or its subsidiary, during his term of office. He
shall not intervene in any matter before any
office of the Government for his pecuniary
benefit or where he may be called upon to act
on account of his office.

Section 15. The Congress shall convene

once every year on the fourth Monday of July
for its regular session, unless a different date
is fixed by law, and shall continue to be in
session for such number of days as it may
determine until thirty days before the opening
of its next regular session, exclusive of
Saturdays, Sundays, and legal holidays. The
President may call a special session at any
time.

Section 16.

1. The Senate shall elect its President

and the House of Representatives, its
Speaker, by a majority vote of all its
respective Members. Each House
shall choose such other officers as it
may deem necessary.
2. A majority of each House shall
constitute a quorum to do business,
but a smaller number may adjourn
from day to day and may compel the
attendance of absent Members in
such manner, and under such
penalties, as such House may
provide.
3. Each House may determine the rules
of its proceedings, punish its Members
for disorderly behavior, and, with the
concurrence of two-thirds of all its
Members, suspend or expel a
Member. A penalty of suspension,
when imposed, shall not exceed sixty
days.
4. Each House shall keep a Journal of its
proceedings, and from time to time
publish the same, excepting such
parts as may, in its judgment, affect
national security; and the yeas and
nays on any question shall, at the
request of one-fifth of the Members
present, be entered in the Journal.
Each House shall also keep a Record
of its proceedings.
5. Neither House during the sessions of
the Congress shall, without the
consent of the other, adjourn for more
 than three days, nor to any other place
than that in which the two Houses
shall be sitting.

Section 17. The Senate and the House of

Representatives shall each have an Electoral
Tribunal which shall be the sole judge of all
contests relating to the election, returns, and
qualifications of their respective Members.
Each Electoral Tribunal shall be composed of
nine Members, three of whom shall be
Justices of the Supreme Court to be
designated by the Chief Justice, and the
remaining six shall be Members of the Senate
or the House of Representatives, as the case
may be, who shall be chosen on the basis of
proportional representation from the political
parties and the parties or organizations
registered under the party-list system
represented therein. The senior Justice in the
Electoral Tribunal shall be its Chairman.

Section 18. There shall be a Commission on

Appointments consisting of the President of
the Senate, as ex officio Chairman, twelve
Senators, and twelve Members of the House
of Representatives, elected by each House on
the basis of proportional representation from
the political parties and parties or
organizations registered under the party-list
system represented therein. The chairman of
the Commission shall not vote, except in case
of a tie. The Commission shall act on all
appointments submitted to it within thirty
session days of the Congress from their
submission. The Commission shall rule by a
majority vote of all the Members.

Section 19. The Electoral Tribunals and the

Commission on Appointments shall be
constituted within thirty days after the Senate
and the House of Representatives shall have
been organized with the election of the
President and the Speaker. The Commission
on Appointments shall meet only while the
Congress is in session, at the call of its
Chairman or a majority of all its Members, to
discharge such powers and functions as are
herein conferred upon it.

Section 20. The records and books of

accounts of the Congress shall be preserved
and be open to the public in accordance with
law, and such books shall be audited by the
Commission on Audit which shall publish
annually an itemized list of amounts paid to
and expenses for each Member.
Section 21. The Senate or the House of
Representatives or any of its respective
committees may conduct inquiries in aid of
legislation in accordance with its duly
published rules of procedure. The rights of
persons appearing in, or affected by, such
inquiries shall be respected.

Section 22. The heads of departments may,

upon their own initiative, with the consent of
the President, or upon the request of either
House, as the rules of each House shall
provide, appear before and be heard by such
House on any matter pertaining to their
departments. Written questions shall be
submitted to the President of the Senate or
the Speaker of the House of Representatives
at least three days before their scheduled
appearance. Interpellations shall not be
limited to written questions, but may cover
matters related thereto. When the security of
the State or the public interest so requires and
the President so states in writing, the
appearance shall be conducted in executive
session.
Section 23.

1. The Congress, by a vote of two-thirds

of both Houses in joint session
assembled, voting separately, shall
have the sole power to declare the
existence of a state of war.
2. In times of war or other national
emergency, the Congress may, by
law, authorize the President, for a
limited period and subject to such
restrictions as it may prescribe, to
exercise powers necessary and
proper to carry out a declared national
policy. Unless sooner withdrawn by
resolution of the Congress, such
powers shall cease upon the next
adjournment thereof.

Section 24. All appropriation, revenue or tariff

bills, bills authorizing increase of the public
debt, bills of local application, and private bills,
shall originate exclusively in the House of
Representatives, but the Senate may propose
or concur with amendments.
Section 25.

1. The Congress may not increase the

appropriations recommended by the
President for the operation of the
Government as specified in the
budget. The form, content, and
manner of preparation of the budget
shall be prescribed by law.
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 Congress 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 by
the National Treasurer, or to be raised
by a corresponding revenue proposal
therein.
5. No law shall be passed authorizing
any transfer of appropriations;
however, the President, the President
of the Senate, the Speaker of the
House of Representatives, the Chief
Justice of the Supreme Court, and the
heads of Constitutional Commissions
may, by law, be authorized to
augment any item in the general
appropriations law for their respective
offices from savings in other items of
their respective appropriations.
6. Discretionary funds appropriated for
particular officials shall be disbursed
only for public purposes to be
supported by appropriate vouchers
and subject to such guidelines as may
be prescribed by law.
7. If, by the end of any fiscal year, the
Congress shall have failed to pass the
general appropriations bill for the
ensuing fiscal year, the general
appropriations law for the preceding
fiscal year shall be deemed re-
enacted and shall remain in force and
effect until the general appropriations
bill is passed by the Congress.
Section 26.

1. Every bill passed by the Congress

shall embrace only one subject which
shall be expressed in the title thereof.
2. No bill passed by either House shall
become a law unless it has passed
three readings on separate days, and
printed copies thereof in its final form
have been distributed to its Members
three days before its passage, except
when the President certifies to the
necessity of its immediate enactment
to meet a public calamity or
emergency. Upon the last reading of a
bill, no amendment thereto shall be
allowed, and the vote thereon shall be
taken immediately thereafter, and the
yeas and nays entered in the Journal.

Section 27.

1. Every bill passed by the Congress

shall, before it becomes a law, be
presented to the President. If he
approves the same he shall sign it;
otherwise, he shall veto it and return
the same with his objections to the
House where it originated, which shall
 enter the objections at large in its
Journal and proceed to reconsider it.
If, after such reconsideration, two-
thirds of all the Members of such
House shall agree to pass the bill, it
shall be sent, together with the
objections, to the other House by
which it shall likewise be
reconsidered, and if approved by two-
thirds of all the Members of that
House, it shall become a law. In all
such cases, the votes of each House
shall be determined by yeas or nays,
and the names of the Members voting
for or against shall be entered in its
Journal. The President shall
communicate his veto of any bill to the
House where it originated within thirty
days after the date of receipt thereof,
otherwise, it shall become a law as if
he had signed it.
2. The President shall have the power to
veto any particular item or items in an
appropriation, revenue, or tariff bill, but
the veto shall not affect the item or
items to which he does not object.
Section 28.

1. The rule of taxation shall be uniform

and equitable. The Congress shall
evolve a progressive system of
taxation.
2. The Congress may, by law, authorize
the President to fix within specified
limits, and subject to such limitations
and restrictions as it may impose, tariff
rates, import and export quotas,
tonnage and wharfage dues, and
other duties or imposts within the
framework of the national
development program of the
Government.
3. Charitable institutions, churches and
personages or convents appurtenant
thereto, mosques, non-profit
cemeteries, and all lands, buildings,
and improvements, actually, directly,
and exclusively used for religious,
charitable, or educational purposes
shall be exempt from taxation.
4. No law granting any tax exemption
shall be passed without the
concurrence of a majority of all the
Members of the Congress.
Section 29.

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 be
appropriated, applied, paid, or
employed, directly or indirectly, for the
use, benefit, or support of any sect,
church, denomination, sectarian
institution, or system of religion, or of
any priest, preacher, minister, other
religious teacher, or dignitary as such,
except when such priest, preacher,
minister, or dignitary is assigned to the
armed forces, or to any penal
institution, or government orphanage
or leprosarium.
3. All money collected on any tax levied
for a special purpose shall be treated
as a special fund and paid out for such
purpose only. If the purpose for which
a special fund was created has been
fulfilled or abandoned, the balance, if
any, shall be transferred to the general
funds of the Government.
Section 30. No law shall be passed
increasing the appellate jurisdiction of the
Supreme Court as provided in this
Constitution without its advice and
concurrence.

Section 31. No law granting a title of royalty

or nobility shall be enacted.

Section 32. The Congress shall, as early as

possible, provide for a system of initiative and
referendum, and the exceptions therefrom,
whereby the people can directly propose and
enact laws or approve or reject any act or law
or part thereof passed by the Congress or
local legislative body after the registration of a
petition therefor signed by at least ten per
centum of the total number of registered
voters, of which every legislative district must
be represented by at least three per centum of
the registered voters thereof.

ARTICLE VII
EXECUTIVE DEPARTMENT

Section 1. The executive power shall be

vested in the President of the Philippines.
Section 2. No person may be elected
President unless he is a natural-born citizen of
the Philippines, a registered voter, able to
read and write, at least forty years of age on
the day of the election, and a resident of the
Philippines for at least ten years immediately
preceding such election.

Section 3. There shall be a Vice-President

who shall have the same qualifications and
term of office and be elected with, and in the
same manner, as the President. He may be
removed from office in the same manner as
the President.

The Vice-President may be appointed as a

Member of the Cabinet. Such appointment
requires no confirmation.

Section 4. The President and the Vice-

President shall be elected by direct vote of the
people for a term of six years which shall
begin at noon on the thirtieth day of June next
following the day of the election and shall end
at noon of the same date, six years thereafter.
The President shall not be eligible for any re-
election. No person who has succeeded as
President and has served as such for more
than four years shall be qualified for election
to the same office at any time.

No Vice-President shall serve for more than

two successive terms. Voluntary renunciation
of the office for any length of time shall not be
considered as an interruption in the continuity
of the service for the full term for which he
was elected.

Unless otherwise provided by law, the regular

election for President and Vice-President shall
be held on the second Monday of May.

The returns of every election for President and

Vice-President, duly certified by the board of
canvassers of each province or city, shall be
transmitted to the Congress, directed to the
President of the Senate. Upon receipt of the
certificates of canvass, the President of the
Senate shall, not later than thirty days after
the day of the election, open all the certificates
in the presence of the Senate and the House
of Representatives in joint public session, and
the Congress, upon determination of the
authenticity and due execution thereof in the
manner provided by law, canvass the votes.
The person having the highest number of
votes shall be proclaimed elected, but in case
two or more shall have an equal and highest
number of votes, one of them shall forthwith
be chosen by the vote of a majority of all the
Members of both Houses of the Congress,
voting separately.

The Congress shall promulgate its rules for

the canvassing of the certificates.

The Supreme Court, sitting en banc, shall be

the sole judge of all contests relating to the
election, returns, and qualifications of the
President or Vice-President, and may
promulgate its rules for the purpose.

Section 5. Before they enter on the execution

of their office, the President, the Vice-
President, or the Acting President shall take
the following oath or affirmation:

"I do solemnly swear (or affirm) that I will

faithfully and conscientiously fulfill my duties
as President (or Vice-President or Acting
President) of the Philippines, preserve and
defend its Constitution, execute its laws, do
justice to every man, and consecrate myself to
the service of the Nation. So help me God."
(In case of affirmation, last sentence will be
omitted.)

Section 6. The President shall have an official

residence. The salaries of the President and
Vice-President shall be determined by law and
shall not be decreased during their tenure. No
increase in said compensation shall take
effect until after the expiration of the term of
the incumbent during which such increase
was approved. They shall not receive during
their tenure any other emolument from the
Government or any other source.

Section 7. The President-elect and the Vice

President-elect shall assume office at the
beginning of their terms.

If the President-elect fails to qualify, the Vice

President-elect shall act as President until the
President-elect shall have qualified.

If a President shall not have been chosen, the

Vice President-elect shall act as President
until a President shall have been chosen and
qualified.

If at the beginning of the term of the President,

the President-elect shall have died or shall
have become permanently disabled, the Vice
President-elect shall become President.

Where no President and Vice-President shall

have been chosen or shall have qualified, or
where both shall have died or become
permanently disabled, the President of the
Senate or, in case of his inability, the Speaker
of the House of Representatives, shall act as
President until a President or a Vice-President
shall have been chosen and qualified.

The Congress shall, by law, provide for the

manner in which one who is to act as
President shall be selected until a President or
a Vice-President shall have qualified, in case
of death, permanent disability, or inability of
the officials mentioned in the next preceding
paragraph.

Section 8. In case of death, permanent

disability, removal from office, or resignation
of the President, the Vice-President shall
become the President to serve the unexpired
term. In case of death, permanent disability,
removal from office, or resignation of both the
President and Vice-President, the President of
the Senate or, in case of his inability, the
Speaker of the House of Representatives,
shall then act as President until the President
or Vice-President shall have been elected and
qualified.

The Congress shall, by law, provide who shall

serve as President in case of death,
permanent disability, or resignation of the
Acting President. He shall serve until the
President or the Vice-President shall have
been elected and qualified, and be subject to
the same restrictions of powers and
disqualifications as the Acting President.

Section 9. Whenever there is a vacancy in

the Office of the Vice-President during the
term for which he was elected, the President
shall nominate a Vice-President from among
the Members of the Senate and the House of
Representatives who shall assume office
upon confirmation by a majority vote of all the
Members of both Houses of the Congress,
voting separately.

Section 10. The Congress shall, at ten o'clock

in the morning of the third day after the
vacancy in the offices of the President and
Vice-President occurs, convene in accordance
with its rules without need of a call and within
seven days, enact a law calling for a special
election to elect a President and a Vice-
President to be held not earlier than forty-five
days nor later than sixty days from the time of
such call. The bill calling such special election
shall be deemed certified under paragraph 2,
Section 26, Article V1 of this Constitution and
shall become law upon its approval on third
reading by the Congress. Appropriations for
the special election shall be charged against
any current appropriations and shall be
exempt from the requirements of paragraph 4,
Section 25, Article V1 of this Constitution. The
convening of the Congress cannot be
suspended nor the special election
postponed. No special election shall be called
if the vacancy occurs within eighteen months
before the date of the next presidential
election.

Section 11. Whenever the President

transmits to the President of the Senate and
the Speaker of the House of Representatives
his written declaration that he is unable to
discharge the powers and duties of his office,
and until he transmits to them a written
declaration to the contrary, such powers and
duties shall be discharged by the Vice-
President as Acting President.
Whenever a majority of all the Members of the
Cabinet transmit to the President of the
Senate and to the Speaker of the House of
Representatives their written declaration that
the President is unable to discharge the
powers and duties of his office, the Vice-
President shall immediately assume the
powers and duties of the office as Acting
President.

Thereafter, when the President transmits to

the President of the Senate and to the
Speaker of the House of Representatives his
written declaration that no inability exists, he
shall reassume the powers and duties of his
office. Meanwhile, should a majority of all the
Members of the Cabinet transmit within five
days to the President of the Senate and to the
Speaker of the House of Representatives,
their written declaration that the President is
unable to discharge the powers and duties of
his office, the Congress shall decide the issue.
For that purpose, the Congress shall convene,
if it is not in session, within forty-eight hours,
in accordance with its rules and without need
of call.

If the Congress, within ten days after receipt

of the last written declaration, or, if not in
session, within twelve days after it is required
to assemble, determines by a two-thirds vote
of both Houses, voting separately, that the
President is unable to discharge the powers
and duties of his office, the Vice-President
shall act as President; otherwise, the
President shall continue exercising the powers
and duties of his office.

Section 12. In case of serious illness of the

President, the public shall be informed of the
state of his health. The members of the
Cabinet in charge of national security and
foreign relations and the Chief of Staff of the
Armed Forces of the Philippines, shall not be
denied access to the President during such
illness.

Section 13. The President, Vice-President,

the Members of the Cabinet, and their
deputies or assistants shall not, unless
otherwise provided in this Constitution, hold
any other office or employment during their
tenure. They shall not, during said tenure,
directly or indirectly, practice any other
profession, participate in any business, or be
financially interested in any contract with, or in
any franchise, or special privilege granted by
the Government or any subdivision, agency,
or instrumentality thereof, including
government-owned or controlled corporations
or their subsidiaries. They shall strictly avoid
conflict of interest in the conduct of their office.

The spouse and relatives by consanguinity or

affinity within the fourth civil degree of the
President shall not, during his tenure, be
appointed as Members of the Constitutional
Commissions, or the Office of the
Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of
bureaus or offices, including government-
owned or controlled corporations and their
subsidiaries.

Section 14. Appointments extended by an

Acting President shall remain effective, unless
revoked by the elected President, within
ninety days from his assumption or
reassumption of office.

Section 15. Two months immediately before

the next presidential elections and up to the
end of his term, a President or Acting
President shall not make appointments,
except temporary appointments to executive
positions when continued vacancies therein
will prejudice public service or endanger
public safety.

Section 16. The President shall nominate

and, with the consent of the Commission on
Appointments, appoint the heads of the
executive departments, ambassadors, other
public ministers and consuls, or officers of the
armed forces from the rank of colonel or naval
captain, and other officers whose
appointments are vested in him in this
Constitution. He shall also appoint all other
officers of the Government whose
appointments are not otherwise provided for
by law, and those whom he may be
authorized by law to appoint. The Congress
may, by law, vest the appointment of other
officers lower in rank in the President alone, in
the courts, or in the heads of departments,
agencies, commissions, or boards.

The President shall have the power to make

appointments during the recess of the
Congress, whether voluntary or compulsory,
but such appointments shall be effective only
until disapproved by the Commission on
Appointments or until the next adjournment of
the Congress.
Section 17. The President shall have control
of all the executive departments, bureaus, and
offices. He shall ensure that the laws be
faithfully executed.

Section 18. The President shall be the

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 or rebellion. In case of invasion or
rebellion, when the public safety requires it, he
may, for a period not exceeding sixty days,
suspend the privilege of the writ of habeas
corpus or place the Philippines or any part
thereof under martial law. Within forty-eight
hours from the proclamation of martial law or
the suspension of the privilege of the writ of
habeas corpus, the President shall submit a
report in person or in writing to the Congress.
The Congress, voting jointly, by a vote of at
least a majority of all its Members in regular or
special session, may revoke such
proclamation or suspension, which revocation
shall not be set aside by the President. Upon
the initiative of the President, the Congress
may, in the same manner, extend such
proclamation or suspension for a period to be
determined by the Congress, if the invasion or
rebellion shall persist and public safety
requires it.

The Congress, if not in session, shall, within

twenty-four hours following such proclamation
or suspension, convene in accordance with its
rules without need of a call.

The Supreme Court may review, in an

appropriate proceeding filed by any citizen,
the sufficiency of the factual basis of the
proclamation of martial law or the suspension
of the privilege of the writ or the extension
thereof, and must promulgate its decision
thereon within thirty days from its filing.

A state of martial law does not suspend the

operation of the Constitution, nor supplant the
functioning of the civil courts or legislative
assemblies, nor authorize the conferment of
jurisdiction on military courts and agencies
over civilians where civil courts are able to
function, nor automatically suspend the
privilege of the writ.

The suspension of the privilege of the writ

shall apply only to persons judicially charged
for rebellion or offenses inherent in or directly
connected with invasion.
During the suspension of the privilege of the
writ, any person thus arrested or detained
shall be judicially charged within three days,
otherwise he shall be released.

Section 19. Except in cases of impeachment,

or as otherwise provided in this Constitution,
the President may grant reprieves,
commutations, and pardons, and remit fines
and forfeitures, after conviction by final
judgment.

He shall also have the power to grant amnesty

with the concurrence of a majority of all the
Members of the Congress.

Section 20. The President may contract or

guarantee foreign loans on behalf of the
Republic of the Philippines with the prior
concurrence of the Monetary Board, and
subject to such limitations as may be provided
by law. The Monetary Board shall, within thirty
days from the end of every quarter of the
calendar year, submit to the Congress a
complete report of its decision on applications
for loans to be contracted or guaranteed by
the Government or government-owned and
controlled corporations which would have the
effect of increasing the foreign debt, and
containing other matters as may be provided
by law.

Section 21. No treaty or international

agreement shall be valid and effective unless
concurred in by at least two-thirds of all the
Members of the Senate.

Section 22. The President shall submit to the

Congress, within thirty days from the opening
of every regular session as the basis of the
general appropriations bill, a budget of
expenditures and sources of financing,
including receipts from existing and proposed
revenue measures.

Section 23. The President shall address the

Congress at the opening of its regular
session. He may also appear before it at any
other time.

ARTICLE VIII
JUDICIAL DEPARTMENT

Section 1. The judicial power shall be vested

in one Supreme Court and in such lower
courts as may be established by law.
Judicial power includes the duty of the courts
of justice to settle actual controversies
involving rights which are legally demandable
and enforceable, and to determine whether or
not there has been a grave abuse of
discretion amounting to lack or excess of
jurisdiction on the part of any branch or
instrumentality of the Government.

Section 2. The Congress shall have the

power to define, prescribe, and apportion the
jurisdiction of the various courts but may not
deprive the Supreme Court of its jurisdiction
over cases enumerated in Section 5 hereof.

No law shall be passed reorganizing the

Judiciary when it undermines the security of
tenure of its Members.

Section 3. The Judiciary shall enjoy fiscal

autonomy. Appropriations for the Judiciary
may not be reduced by the legislature below
the amount appropriated for the previous year
and, after approval, shall be automatically and
regularly released.
Section 4.

1. The Supreme Court shall be

composed of a Chief Justice and
fourteen Associate Justices. It may sit
en banc or in its discretion, in division
of three, five, or seven Members. Any
vacancy shall be filled within ninety
days from the occurrence thereof.
2. All cases involving the constitutionality
of a treaty, international or executive
agreement, or law, which shall be
heard by the Supreme Court en banc,
and all other cases which under the
Rules of Court are required to be
heard en banc, including those
involving the constitutionality,
application, or operation of
presidential decrees, proclamations,
orders, instructions, ordinances, and
other regulations, shall be decided
with the concurrence of a majority of
the Members who actually took part in
the deliberations on the issues in the
case and voted thereon.
3. Cases or matters heard by a division
shall be decided or resolved with the
concurrence of a majority of the
Members who actually took part in the
 deliberations on the issues in the case
and voted thereon, and in no case
without the concurrence of at least
three of such Members. When the
required number is not obtained, the
case shall be decided en banc:
Provided, that no doctrine or principle
of law laid down by the court in a
decision rendered en banc or in
division may be modified or reversed
except by the court sitting en banc.

Section 5. The Supreme Court shall have the

following powers:

1. Exercise original jurisdiction over

cases affecting ambassadors, other
public ministers and consuls, and over
petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas
corpus.
2. Review, revise, reverse, modify, or
affirm on appeal or certiorari, as the
law or the Rules of Court may provide,
final judgments and orders of lower
courts in:
a. All cases in which the
constitutionality or validity of
any treaty, international or
 executive agreement, law,
presidential decree,
proclamation, order,
instruction, ordinance, or
regulation is in question.
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 lower court
is in issue.
d. All criminal cases in which the
penalty imposed is reclusion
perpetua or higher.
e. All cases in which only an
error or question of law is
involved.
3. Assign temporarily judges of lower
courts to other stations as public
interest may require. Such temporary
assignment shall not exceed six
months without the consent of the
judge concerned.
4. Order a change of venue or place of
trial to avoid a miscarriage of justice.
5. Promulgate rules concerning the
protection and enforcement of
 constitutional rights, pleading,
practice, and procedure in all courts,
the admission to the practice of law,
the integrated bar, and legal
assistance to the under-privileged.
Such rules shall provide a simplified
and inexpensive procedure for the
speedy disposition of cases, shall be
uniform for all courts of the same
grade, and shall not diminish,
increase, or modify substantive rights.
Rules of procedure of special courts
and quasi-judicial bodies shall remain
effective unless disapproved by the
Supreme Court.
6. Appoint all officials and employees of
the Judiciary in accordance with the
Civil Service Law.

Section 6. The Supreme Court shall have

administrative supervision over all courts and
the personnel thereof.

Section 7.

1. No person shall be appointed Member

of the Supreme Court or any lower
collegiate court unless he is a natural-
born citizen of the Philippines. A
 Member of the Supreme Court must
be at least forty years of age, and
must have been for fifteen years or
more, a judge of a lower court or
engaged in the practice of law in the
Philippines.
2. The Congress shall prescribe the
qualifications of judges of lower
courts, but no person may be
appointed judge thereof unless he is a
citizen of the Philippines and a
member of the Philippine Bar.
3. A Member of the Judiciary must be a
person of proven competence,
integrity, probity, and independence.

Section 8.

1. A Judicial and Bar Council is hereby

created under the supervision of the
Supreme Court composed of the Chief
Justice as ex officio Chairman, the
Secretary of Justice, and a
representative of the Congress as ex
officio Members, a representative of
the Integrated Bar, a professor of law,
a retired Member of the Supreme
Court, and a representative of the
private sector.
 2. The regular members of the Council
shall be appointed by the President for
a term of four years with the consent
of the Commission on Appointments.
Of the Members first appointed, the
representative of the Integrated Bar
shall serve for four years, the
professor of law for three years, the
retired Justice for two years, and the
representative of the private sector for
one year.
3. The Clerk of the Supreme Court shall
be the Secretary ex officio of the
Council and shall keep a record of its
proceedings.
4. The regular Members of the Council
shall receive such emoluments as
may be determined by the Supreme
Court. The Supreme Court shall
provide in its annual budget the
appropriations for the Council.
5. The Council shall have the principal
function of recommending appointees
to the judiciary. It may exercise such
other functions and duties as the
Supreme Court may assign to it.

Section 9. The Members of the Supreme

Court and judges of lower courts shall be
appointed by the President from a list of at
least three nominees preferred by the Judicial
and Bar Council for every vacancy. Such
appointments need no confirmation.

For the lower courts, the President shall

issued the appointment within ninety days
from the submission of the list.

Section 10. The salary of the Chief Justice

and of the Associate Justices of the Supreme
Court, and of judges of lower courts shall be
fixed by law. During the continuance in office,
their salary shall not be decreased.

Section 11. The Members of the Supreme

Court and judges of the lower court shall hold
office during good behavior until they reach
the age of seventy years or become
incapacitated to discharge the duties of their
office. The Supreme Court en banc shall have
the power to discipline judges of lower courts,
or order their dismissal by a vote of majority of
the Members who actually took part in the
deliberations on the issues in the case and
voted in thereon.

Section 12. The Members of the Supreme

Court and of other courts established by law
shall not be designated to any agency
performing quasi-judicial or administrative
function.

Section 13. The conclusions of the Supreme

Court in any case submitted to it for the
decision en banc or in division shall be
reached in consultation before the case the
case assigned to a Member for the writing of
the opinion of the Court. A certification to this
effect signed by the Chief Justice shall be
issued and a copy thereof attached to the
record of the case and served upon the
parties. Any Member who took no part, or
dissented, or abstained from a decision or
resolution must state the reason therefor. The
same requirements shall be observed by all
lower collegiate court.

Section 14. No decision shall be rendered by

any court without expressing therein clearly
and distinctly the facts and the law on which it
is based.

No petition for review or motion for

reconsideration of a decision of the court shall
be refused due course or denied without
stating the legal basis therefor.
Section 15.

1. All cases or matters filed after the

effectivity of this Constitution must be
decided or resolved within twenty-four
months from date of submission for
the Supreme Court, and, unless
reduced by the Supreme Court, twelve
months for all lower collegiate courts,
and three months for all other lower
courts.
2. A case or matter shall be deemed
submitted for decision or resolution
upon the filing of the last pleading,
brief, or memorandum required by the
Rules of Court or by the court itself.
3. Upon the expiration of the
corresponding period, a certification to
this effect signed by the Chief Justice
or the presiding judge shall forthwith
be issued and a copy thereof attached
to the record of the case or matter,
and served upon the parties. The
certification shall state why a decision
or resolution has not been rendered or
issued within said period.
4. Despite the expiration of the
applicable mandatory period, the
court, without prejudice to such
 responsibility as may have been
incurred in consequence thereof, shall
decide or resolve the case or matter
submitted thereto for determination,
without further delay.

Section 16. The Supreme Court shall, within

thirty days from the opening of each regular
session of the Congress, submit to the
President and the Congress an annual report
on the operations and activities of the
Judiciary.

ARTICLE IX
CONSTITUTIONAL COMMISSION

A. COMMON PROVISIONS

Section 1. The Constitutional Commissions,

which shall be independent, are the Civil
Service Commission, the Commission on
Elections, and the Commission on Audit.

Section 2. No member of a Constitutional

Commission shall, during his tenure, hold any
other office or employment. Neither shall he
engage in the practice of any profession or in
the active management or control of any
business which, in any way, may be affected
by the functions of his office, nor shall he be
financially interested, directly or indirectly, in
any contract with, or in any franchise or
privilege granted by the Government, any of
its subdivisions, agencies, or instrumentalities,
including government-owned or controlled
corporations or their subsidiaries.

Section 3. The salary of the Chairman and

the Commissioners shall be fixed by law and
shall not be decreased during their tenure.

Section 4. The Constitutional Commissions

shall appoint their officials and employees in
accordance with law.

Section 5. The Commission shall enjoy fiscal

autonomy. Their approved annual
appropriations shall be automatically and
regularly released.

Section 6. Each Commission en banc may

promulgate its own rules concerning pleadings
and practice before it or before any of its
offices. Such rules, however, shall not
diminish, increase, or modify substantive
rights.
Section 7. Each Commission shall decide by
a majority vote of all its Members, any case or
matter brought before it within sixty days from
the date of its submission for decision or
resolution. A case or matter is deemed
submitted for decision or resolution upon the
filing of the last pleading, brief, or
memorandum required by the rules of the
Commission or by the Commission itself.
Unless otherwise provided by this Constitution
or by law, any decision, order, or ruling of
each Commission may be brought to the
Supreme Court on certiorari by the aggrieved
party within thirty days from receipt of a copy
thereof.

Section 8. Each Commission shall perform

such other functions as may be provided by
law.

B. THE CIVIL SERVICE COMMISSION

Section 1.

1. The civil service shall be administered

by the Civil Service Commission
composed of a Chairman and two
Commissioners who shall be natural-
born citizens of the Philippines and, at
 the time of their appointment, at least
thirty-five years of age, with proven
capacity for public administration, and
must not have been candidates for
any elective position in the elections
immediately preceding their
appointment.
2. The Chairman and the Commissioners
shall be appointed by the President
with the consent of the Commission
on Appointments for a term of seven
years without reappointment. Of those
first appointed, the Chairman shall
hold office for seven years, a
Commissioner for five years, and
another Commissioner for three years,
without reappointment. Appointment to
any vacancy shall be only for the
unexpired term of the predecessor. In
no case shall any Member be
appointed or designated in a
temporary or acting capacity.

Section 2.

1. The civil service embraces all

branches, subdivisions,
instrumentalities, and agencies of the
Government, including government-
 owned or controlled corporations with
original charters.
2. Appointments in the civil service shall
be made only according to merit and
fitness to be determined, as far as
practicable, and, except to positions
which are policy-determining, primarily
confidential, or highly technical, by
competitive examination.
3. No officer or employee of the civil
service shall be removed or
suspended except for cause provided
by law.
4. No officer or employee in the civil
service shall engage, directly or
indirectly, in any electioneering or
partisan political campaign.
5. The right to self-organization shall not
be denied to government employees.
6. Temporary employees of the
Government shall be given such
protection as may be provided by law.

Section 3. The Civil Service Commission, as

the central personnel agency of the
Government, shall establish a career service
and adopt measures to promote morale,
efficiency, integrity, responsiveness,
progressiveness, and courtesy in the civil
service. It shall strengthen the merit and
rewards system, integrate all human
resources development programs for all levels
and ranks, and institutionalize a management
climate conducive to public accountability. It
shall submit to the President and the
Congress an annual report on its personnel
programs.

Section 4. All public officers and employees

shall take an oath or affirmation to uphold and
defend this Constitution.

Section 5. The Congress shall provide for the

standardization of compensation of
government officials and employees, including
those in government-owned or controlled
corporations with original charters, taking into
account the nature of the responsibilities
pertaining to, and the qualifications required
for, their positions.

Section 6. No candidate who has lost in any

election, shall within one year after such
election, be appointed to any office in the
Government or any Government-owned or
controlled corporations or in any of their
subsidiaries.
Section 7. No elective official shall be eligible
for appointment or designation in any capacity
to any public office or position during his
tenure.

Unless otherwise allowed by law or by the

primary functions of his position, no appointive
official shall hold any other office or
employment in the Government or any
subdivision, agency or instrumentality thereof,
including Government-owned or controlled
corporations or their subsidiaries.

Section 8. No elective or appointive public

officer or employee shall receive additional,
double, or indirect compensation, unless
specifically authorized by law, nor accept
without the consent of the Congress, any
present, emolument, office, or title of any kind
from any foreign government.

Pensions or gratuities shall not be considered

as additional, double, or indirect
compensation.
C. THE COMMISSION ON ELECTIONS

Section 1.

1. There shall be a Commission on

Elections composed of a Chairman
and six Commissioners who shall be
natural-born citizens of the Philippines
and, at the time of their appointment,
at least thirty-five years of age,
holders of a college degree, and must
not have been candidates for any
elective positions in the immediately
preceding elections. However, a
majority thereof, including the
Chairman, shall be members of the
Philippine Bar who have been
engaged in the practice of law for at
least ten years.
2. The Chairman and the Commissioners
shall be appointed by the President
with the consent of the Commission
on Appointments for a term of seven
years without reappointment. Of those
first appointed, three Members shall
hold office for seven years, two
Members for five years, and the last
Members for three years, without
reappointment. Appointment to any
 vacancy shall be only for the
unexpired term of the predecessor. In
no case shall any Member be
appointed or designated in a
temporary or acting capacity.

Section 2. The Commission on Elections shall

exercise the following powers and functions:

1. Enforce and administer all laws and

regulations relative to the conduct of
an election, plebiscite, initiative,
referendum, and recall.
2. Exercise exclusive original jurisdiction
over all contests relating to the
elections, returns, and qualifications of
all elective regional, provincial, and
city officials, and appellate jurisdiction
over all contests involving elective
municipal officials decided by trial
courts of general jurisdiction, or
involving elective barangay officials
decided by trial courts of limited
jurisdiction.

Decisions, final orders, or rulings of

the Commission on election contests
involving elective municipal and
 barangay offices shall be final,
executory, and not appealable.

3. Decide, except those involving the

right to vote, all questions affecting
elections, including determination of
the number and location of polling
places, appointment of election
officials and inspectors, and
registration of voters.
4. Deputize, with the concurrence of the
President, law enforcement agencies
and instrumentalities of the
Government, including the Armed
Forces of the Philippines, for the
exclusive purpose of ensuring free,
orderly, honest, peaceful, and credible
elections.
5. Register, after sufficient publication,
political parties, organizations, or
coalitions which, in addition to other
requirements, must present their
platform or program of government;
and accredit citizens' arms of the
Commission on Elections. Religious
denominations and sects shall not be
registered. Those which seek to
achieve their goals through violence or
unlawful means, or refuse to uphold
 and adhere to this Constitution, or
which are supported by any foreign
government shall likewise be refused
registration.

Financial contributions from foreign

governments and their agencies to
political parties, organizations,
coalitions, or candidates related to
elections, constitute interference in
national affairs, and, when accepted,
shall be an additional ground for the
cancellation of their registration with
the Commission, in addition to other
penalties that may be prescribed by
law.

6. File, upon a verified complaint, or on

its own initiative, petitions in court for
inclusion or exclusion of voters;
investigate and, where appropriate,
prosecute cases of violations of
election laws, including acts or
omissions constituting election frauds,
offenses, and malpractices.
7. Recommend to the Congress effective
measures to minimize election
spending, including limitation of places
where propaganda materials shall be
 posted, and to prevent and penalize
all forms of election frauds, offenses,
malpractices, and nuisance
candidacies.
8. Recommend to the President the
removal of any officer or employee it
has deputized, or the imposition of any
other disciplinary action, for violation
or disregard of, or disobedience to, its
directive, order, or decision.
9. Submit to the President and the
Congress, a comprehensive report on
the conduct of each election,
plebiscite, initiative, referendum, or
recall.

Section 3. The Commission on Elections may

sit en banc or in two divisions, and shall
promulgate its rules of procedure in order to
expedite disposition of election cases,
including pre- proclamation controversies. All
such election cases shall be heard and
decided in division, provided that motions for
reconsideration of decisions shall be decided
by the Commission en banc.

Section 4. The Commission may, during the

election period, supervise or regulate the
enjoyment or utilization of all franchises or
permits for the operation of transportation and
other public utilities, media of communication
or information, all grants, special privileges, or
concessions granted by the Government or
any subdivision, agency, or instrumentality
thereof, including any government-owned or
controlled corporation or its subsidiary. Such
supervision or regulation shall aim to ensure
equal opportunity, time, and space ,and the
right to reply, including reasonable, equal
rates therefor, for public information
campaigns and forums among candidates in
connection with the objective of holding free,
orderly, honest, peaceful, and credible
elections.

Section 5. No pardon, amnesty, parole, or

suspension of sentence for violation of
election laws, rules, and regulations shall be
granted by the President without the favorable
recommendation of the Commission.

Section 6. A free and open party system shall

be allowed to evolve according to the free
choice of the people, subject to the provisions
of this Article.

Section 7. No votes cast in favor of a political

party, organization, or coalition shall be valid,
except for those registered under the party-list
system as provided in this Constitution.

Section 8. Political parties, or organizations or

coalitions registered under the party-list
system, shall not be represented in the voters'
registration boards, boards of election
inspectors, boards of canvassers, or other
similar bodies. However, they shall be entitled
to appoint poll watchers in accordance with
law.

Section 9. Unless otherwise fixed by the

Commission in special cases, the election
period shall commence ninety days before the
day of election and shall end thirty days
thereafter.

Section 10. Bona fide candidates for any

public office shall be free from any form of
harassment and discrimination.

Section 11. Funds certified by the

Commission as necessary to defray the
expenses for holding regular and special
elections, plebiscites, initiatives, referenda,
and recalls, shall be provided in the regular or
special appropriations and, once approved,
shall be released automatically upon
certification by the Chairman of the
Commission

D. THE COMMISSION ON AUDIT

Section 1.

1. There shall be a Commission on Audit

composed of a Chairman and two
Commissioners, who shall be natural-
born citizens of the Philippines and, at
the time of their appointment, at least
thirty-five years of age, Certified Public
Accountants with not less than ten
years of auditing experience, or
members of the Philippine Bar who
have been engaged in the practice of
law for at least ten years, and must
not have been candidates for any
elective position in the elections
immediately preceding their
appointment. At no time shall all
Members of the Commission belong to
the same profession.
2. The Chairman and the Commissioners
shall be appointed by the President
with the consent of the Commission
on Appointments for a term of seven
years without reappointment. Of those
 first appointed, the Chairman shall
hold office for seven years, one
Commissioner for five years, and the
other Commissioner for three years,
without reappointment. Appointment to
any vacancy shall be only for the
unexpired portion of the term of the
predecessor. In no case shall any
Member be appointed or designated in
a temporary or acting capacity.

Section 2.

1. The Commission on Audit shall have

the power, authority, and duty to
examine, audit, and settle all accounts
pertaining to the revenue and receipts
of, and expenditures or uses of funds
and property, owned or held in trust
by, or pertaining to, the Government,
or any of its subdivisions, agencies, or
instrumentalities, including
government-owned or controlled
corporations with original charters,
and on a post- audit basis:
a. constitutional bodies,
commissions and offices that
have been granted fiscal
 autonomy under this
Constitution;
b. autonomous state colleges
and universities;
c. other government-owned or
controlled corporations and
their subsidiaries; and
d. such non-governmental
entities receiving subsidy or
equity, directly or indirectly,
from or through the
Government, which are
required by law or the granting
institution to submit to such
audit as a condition of subsidy
or equity. However, where the
internal control system of the
audited agencies is
inadequate, the Commission
may adopt such measures,
including temporary or special
pre-audit, as are necessary
and appropriate to correct the
deficiencies. It shall keep the
general accounts of the
Government and, for such
period as may be provided by
law, preserve the vouchers
 and other supporting papers
pertaining thereto.
2. The Commission shall have exclusive
authority, subject to the limitations in
this Article, to define the scope of its
audit and examination, establish the
techniques and methods required
therefor, and promulgate accounting
and auditing rules and regulations,
including those for the prevention and
disallowance of irregular,
unnecessary, excessive, extravagant,
or unconscionable expenditures or
uses of government funds and
properties.

Section 3. No law shall be passed exempting

any entity of the Government or its
subsidiaries in any guise whatever, or any
investment of public funds, from the
jurisdiction of the Commission on Audit.

Section 4. The Commission shall submit to

the President and the Congress, within the
time fixed by law, an annual report covering
the financial condition and operation of the
Government, its subdivisions, agencies, and
instrumentalities, including government-owned
or controlled corporations, and non-
governmental entities subject to its audit, and
recommend measures necessary to improve
their effectiveness and efficiency. It shall
submit such other reports as may be required
by law.

ARTICLE X
LOCAL GOVERNMENT

GENERAL PROVISIONS

Section 1. The territorial and political

subdivisions of the Republic of the Philippines
are the provinces, cities, municipalities, and
barangays. There shall be autonomous
regions in Muslim Mindanao and the
Cordilleras as hereinafter provided.

Section 2. The territorial and political

subdivisions shall enjoy local autonomy.

Section 3. The Congress shall enact a local

government code which shall provide for a
more responsive and accountable local
government structure instituted through a
system of decentralization with effective
mechanisms of recall, initiative, and
referendum, allocate among the different local
government units their powers,
responsibilities, and resources, and provide
for the qualifications, election, appointment
and removal, term, salaries, powers and
functions and duties of local officials, and all
other matters relating to the organization and
operation of the local units.

Section 4. The President of the Philippines

shall exercise general supervision over local
governments. Provinces with respect to
component cities and municipalities, and cities
and municipalities with respect to component
barangays, shall ensure that the acts of their
component units are within the scope of their
prescribed powers and functions.

Section 5. Each local government unit shall

have the power to create its own sources of
revenues and to levy taxes, fees and charges
subject to such guidelines and limitations as
the Congress may provide, consistent with the
basic policy of local autonomy. Such taxes,
fees, and charges shall accrue exclusively to
the local governments.

Section 6. Local government units shall have

a just share, as determined by law, in the
national taxes which shall be automatically
released to them.
Section 7. Local governments shall be
entitled to an equitable share in the proceeds
of the utilization and development of the
national wealth within their respective areas,
in the manner provided by law, including
sharing the same with the inhabitants by way
of direct benefits.

Section 8. The term of office of elective local

officials, except barangay officials, which shall
be determined by law, shall be three years
and no such official shall serve for more than
three consecutive terms. Voluntary
renunciation of the office for any length of time
shall not be considered as an interruption in
the continuity of his service for the full term for
which he was elected.

Section 9. Legislative bodies of local

governments shall have sectoral
representation as may be prescribed by law.

Section 10. No province, city, municipality, or

barangay may be created, divided, merged,
abolished, or its boundary substantially
altered, except in accordance with the criteria
established in the local government code and
subject to approval by a majority of the votes
cast in a plebiscite in the political units directly
affected.

Section 11. The Congress may, by law,

create special metropolitan political
subdivisions, subject to a plebiscite as set
forth in Section 10 hereof. The component
cities and municipalities shall retain their basic
autonomy and shall be entitled to their own
local executive and legislative assemblies.
The jurisdiction of the metropolitan authority
that will thereby be created shall be limited to
basic services requiring coordination.

Section 12. Cities that are highly urbanized,

as determined by law, and component cities
whose charters prohibit their voters from
voting for provincial elective officials, shall be
independent of the province. The voters of
component cities within a province, whose
charters contain no such prohibition, shall not
be deprived of their right to vote for elective
provincial officials.

Section 13. Local government units may

group themselves, consolidate or coordinate
their efforts, services, and resources for
purposes commonly beneficial to them in
accordance with law.
Section 14. The President shall provide for
regional development councils or other similar
bodies composed of local government
officials, regional heads of departments and
other government offices, and representatives
from non-governmental organizations within
the regions for purposes of administrative
decentralization to strengthen the autonomy of
the units therein and to accelerate the
economic and social growth and development
of the units in the region.

AUTONOMOUS REGIONS

Section 15. There shall be created

autonomous regions in Muslim Mindanao and
in the Cordilleras consisting of provinces,
cities, municipalities, and geographical areas
sharing common and distinctive historical and
cultural heritage, economic and social
structures, and other relevant characteristics
within the framework of this Constitution and
the national sovereignty as well as territorial
integrity of the Republic of the Philippines.

Section 16. The President shall exercise

general supervision over autonomous regions
to ensure that laws are faithfully executed.
Section 17. All powers, functions, and
responsibilities not granted by this
Constitution or by law to the autonomous
regions shall be vested in the National
Government.

Section 18. The Congress shall enact an

organic act for each autonomous region with
the assistance and participation of the
regional consultative commission composed
of representatives appointed by the President
from a list of nominees from multi-sectoral
bodies. The organic act shall define the basic
structure of government for the region
consisting of the executive department and
legislative assembly, both of which shall be
elective and representative of the constituent
political units. The organic acts shall likewise
provide for special courts with personal,
family, and property law jurisdiction consistent
with the provisions of this Constitution and
national laws.

The creation of the autonomous region shall

be effective when approved by majority of the
votes cast by the constituent units in a
plebiscite called for the purpose, provided that
only provinces, cities, and geographic areas
voting favorably in such plebiscite shall be
included in the autonomous region.

Section 19. The first Congress elected under

this Constitution shall, within eighteen months
from the time of organization of both Houses,
pass the organic acts for the autonomous
regions in Muslim Mindanao and the
Cordilleras.

Section 20. Within its territorial jurisdiction

and subject to the provisions of this
Constitution and national laws, the organic act
of autonomous regions shall provide for
legislative powers over:

1. Administrative organization;
2. Creation of sources of revenues;
3. Ancestral domain and natural
resources;
4. Personal, family, and property
relations;
5. Regional urban and rural planning
development;
6. Economic, social, and tourism
development;
7. Educational policies;
8. Preservation and development of the
cultural heritage; and
 9. Such other matters as may be
authorized by law for the promotion of
the general welfare of the people of
the region.

Section 21. The preservation of peace and

order within the regions shall be the
responsibility of the local police agencies
which shall be organized, maintained,
supervised, and utilized in accordance with
applicable laws. The defense and security of
the regions shall be the responsibility of the
National Government.

ARTICLE XI
ACCOUNTABILITY OF PUBLIC OFFICERS

Section 1. Public office is a public trust.

Public officers and employees must, at all
times, be accountable to the people, serve
them with utmost responsibility, integrity,
loyalty, and efficiency; act with patriotism and
justice, and lead modest lives.

Section 2. The President, the Vice-President,

the Members of the Supreme Court, the
Members of the Constitutional Commissions,
and the Ombudsman may be removed from
office on impeachment for, and conviction of,
culpable violation of the Constitution, treason,
bribery, graft and corruption, other high
crimes, or betrayal of public trust. All other
public officers and employees may be
removed from office as provided by law, but
not by impeachment.

Section 3.

1. The House of Representatives shall

have the exclusive power to initiate all
cases of impeachment.
2. A verified complaint for impeachment
may be filed by any Member of the
House of Representatives or by any
citizen upon a resolution or
endorsement by any Member thereof,
which shall be included in the Order of
Business within ten session days, and
referred to the proper Committee
within three session days thereafter.
The Committee, after hearing, and by
a majority vote of all its Members,
shall submit its report to the House
within sixty session days from such
referral, together with the
corresponding resolution. The
resolution shall be calendared for
 consideration by the House within ten
session days from receipt thereof.
3. A vote of at least one-third of all the
Members of the House shall be
necessary either to affirm a favorable
resolution with the Articles of
Impeachment of the Committee, or
override its contrary resolution. The
vote of each Member shall be
recorded.
4. In case the verified complaint or
resolution of impeachment is filed by
at least one-third of all the Members of
the House, the same shall constitute
the Articles of Impeachment, and trial
by the Senate shall forthwith proceed.
5. No impeachment proceedings shall be
initiated against the same official more
than once within a period of one year.
6. The Senate shall have the sole power
to try and decide all cases of
impeachment. When sitting for that
purpose, the Senators shall be on
oath or affirmation. When the
President of the Philippines is on trial,
the Chief Justice of the Supreme
Court shall preside, but shall not vote.
No person shall be convicted without
 the concurrence of two-thirds of all the
Members of the Senate.
7. Judgment in cases of impeachment
shall not extend further than removal
from office and disqualification to hold
any office under the Republic of the
Philippines, but the party convicted
shall nevertheless be liable and
subject to prosecution, trial, and
punishment, according to law.
8. The Congress shall promulgate its
rules on impeachment to effectively
carry out the purpose of this section.

Section 4. The present anti-graft court known

as the Sandiganbayan shall continue to
function and exercise its jurisdiction as now or
hereafter may be provided by law.

Section 5. There is hereby created the

independent Office of the Ombudsman,
composed of the Ombudsman to be known as
Tanodbayan, one overall Deputy and at least
one Deputy each for Luzon, Visayas, and
Mindanao. A separate Deputy for the military
establishment may likewise be appointed.

Section 6. The officials and employees of the

Office of the Ombudsman, other than the
Deputies, shall be appointed by the
Ombudsman, according to the Civil Service
Law.

Section 7. The existing Tanodbayan shall

hereafter be known as the Office of the
Special Prosecutor. It shall continue to
function and exercise its powers as now or
hereafter may be provided by law, except
those conferred on the Office of the
Ombudsman created under this Constitution.

Section 8. The Ombudsman and his Deputies

shall be natural-born citizens of the
Philippines, and at the time of their
appointment, at least forty years old, of
recognized probity and independence, and
members of the Philippine Bar, and must not
have been candidates for any elective office in
the immediately preceding election. The
Ombudsman must have, for ten years or
more, been a judge or engaged in the practice
of law in the Philippines.

During their tenure, they shall be subject to

the same disqualifications and prohibitions as
provided for in Section 2 of Article 1X-A of this
Constitution.
Section 9. The Ombudsman and his Deputies
shall be appointed by the President from a list
of at least six nominees prepared by the
Judicial and Bar Council, and from a list of
three nominees for every vacancy thereafter.
Such appointments shall require no
confirmation. All vacancies shall be filled
within three months after they occur.

Section 10. The Ombudsman and his

Deputies shall have the rank of Chairman and
Members, respectively, of the Constitutional
Commissions, and they shall receive the
same salary which shall not be decreased
during their term of office.

Section 11. The Ombudsman and his

Deputies shall serve for a term of seven years
without reappointment. They shall not be
qualified to run for any office in the election
immediately succeeding their cessation from
office.

Section 12. The Ombudsman and his

Deputies, as protectors of the people, shall act
promptly on complaints filed in any form or
manner against public officials or employees
of the Government, or any subdivision,
agency or instrumentality thereof, including
government-owned or controlled corporations,
and shall, in appropriate cases, notify the
complainants of the action taken and the
result thereof.

Section 13. The Office of the Ombudsman

shall have the following powers, functions,
and duties:

1. Investigate on its own, or on complaint

by any person, any act or omission of
any public official, employee, office or
agency, when such act or omission
appears to be illegal, unjust, improper,
or inefficient.
2. Direct, upon complaint or at its own
instance, any public official or
employee of the Government, or any
subdivision, agency or instrumentality
thereof, as well as of any government-
owned or controlled corporation with
original charter, to perform and
expedite any act or duty required by
law, or to stop, prevent, and correct
any abuse or impropriety in the
performance of duties.
3. Direct the officer concerned to take
appropriate action against a public
official or employee at fault, and
 recommend his removal, suspension,
demotion, fine, censure, or
prosecution, and ensure compliance
therewith.
4. Direct the officer concerned, in any
appropriate case, and subject to such
limitations as may be provided by law,
to furnish it with copies of documents
relating to contracts or transactions
entered into by his office involving the
disbursement or use of public funds or
properties, and report any irregularity
to the Commission on Audit for
appropriate action.
5. Request any government agency for
assistance and information necessary
in the discharge of its responsibilities,
and to examine, if necessary,
pertinent records and documents.
6. Publicize matters covered by its
investigation when circumstances so
warrant and with due prudence.
7. Determine the causes of inefficiency,
red tape, mismanagement, fraud, and
corruption in the Government and
make recommendations for their
elimination and the observance of high
standards of ethics and efficiency.
 8. Promulgate its rules of procedure and
exercise such other powers or perform
such functions or duties as may be
provided by law.

Section 14. The Office of the Ombudsman

shall enjoy fiscal autonomy. Its approved
annual appropriations shall be automatically
and regularly released.

Section 15. The right of the State to recover

properties unlawfully acquired by public
officials or employees, from them or from their
nominees or transferees, shall not be barred
by prescription, laches, or estoppel.

Section 16. No loan, guaranty, or other form

of financial accommodation for any business
purpose may be granted, directly or indirectly,
by any government-owned or controlled bank
or financial institution to the President, the
Vice-President, the Members of the Cabinet,
the Congress, the Supreme Court, and the
Constitutional Commissions, the Ombudsman,
or to any firm or entity in which they have
controlling interest, during their tenure.

Section 17. A public officer or employee shall,

upon assumption of office and as often
thereafter as may be required by law, submit a
declaration under oath of his assets, liabilities,
and net worth. In the case of the President,
the Vice-President, the Members of the
Cabinet, the Congress, the Supreme Court,
the Constitutional Commissions and other
constitutional offices, and officers of the
armed forces with general or flag rank, the
declaration shall be disclosed to the public in
the manner provided by law.

Section 18. Public officers and employees

owe the State and this Constitution allegiance
at all times and any public officer or employee
who seeks to change his citizenship or
acquire the status of an immigrant of another
country during his tenure shall be dealt with by
law.

ARTICLE XII
NATIONAL ECONOMY AND PATRIMONY

Section 1. The goals of the national economy

are a more equitable distribution of
opportunities, income, and wealth; a sustained
increase in the amount of goods and services
produced by the nation for the benefit of the
people; and an expanding productivity as the
key to raising the quality of life for all,
especially the underprivileged.

The State shall promote industrialization and

full employment based on sound agricultural
development and agrarian reform, through
industries that make full of efficient use of
human and natural resources, and which are
competitive in both domestic and foreign
markets. However, the State shall protect
Filipino enterprises against unfair foreign
competition and trade practices.

In the pursuit of these goals, all sectors of the

economy and all region s of the country shall
be given optimum opportunity to develop.
Private enterprises, including corporations,
cooperatives, and similar collective
organizations, shall be encouraged to broaden
the base of their ownership.

Section 2. All lands of the public domain,

waters, minerals, coal, petroleum, and other
mineral oils, all forces of potential energy,
fisheries, forests or timber, wildlife, flora and
fauna, and other natural resources are owned
by the State. With the exception of agricultural
lands, all other natural resources shall not be
alienated. The exploration, development, and
utilization of natural resources shall be under
the full control and supervision of the State.
The State may directly undertake such
activities, or it may enter into co-production,
joint venture, or production-sharing
agreements with Filipino citizens, or
corporations or associations at least 60 per
centum of whose capital is owned by such
citizens. Such agreements may be for a
period not exceeding twenty-five years,
renewable for not more than twenty-five years,
and under such terms and conditions as may
provided by law. In cases of water rights for
irrigation, water supply, fisheries, or industrial
uses other than the development of
waterpower, beneficial use may be the
measure and limit of the grant.

The State shall protect the nations marine

wealth in its archipelagic waters, territorial
sea, and exclusive economic zone, and
reserve its use and enjoyment exclusively to
Filipino citizens.

The Congress may, by law, allow small-scale

utilization of natural resources by Filipino
citizens, as well as cooperative fish farming,
with priority to subsistence fishermen and fish
workers in rivers, lakes, bays, and lagoons.
The President may enter into agreements with
foreign-owned corporations involving either
technical or financial assistance for large-
scale exploration, development, and utilization
of minerals, petroleum, and other mineral oils
according to the general terms and conditions
provided by law, based on real contributions
to the economic growth and general welfare of
the country. In such agreements, the State
shall promote the development and use of
local scientific and technical resources.

The President shall notify the Congress of

every contract entered into in accordance with
this provision, within thirty days from its
execution.

Section 3. Lands of the public domain are

classified into agricultural, forest or timber,
mineral lands and national parks. Agricultural
lands of the public domain may be further
classified by law according to the uses to
which they may be devoted. Alienable lands of
the public domain shall be limited to
agricultural lands. Private corporations or
associations may not hold such alienable
lands of the public domain except by lease, for
a period not exceeding twenty-five years,
renewable for not more than twenty-five years,
and not to exceed one thousand hectares in
area. Citizens of the Philippines may lease not
more than five hundred hectares, or acquire
not more than twelve hectares thereof, by
purchase, homestead, or grant.

Taking into account the requirements of

conservation, ecology, and development, and
subject to the requirements of agrarian reform,
the Congress shall determine, by law, the size
of lands of the public domain which may be
acquired, developed, held, or leased and the
conditions therefor.

Section 4. The Congress shall, as soon as

possible, determine, by law, the specific limits
of forest lands and national parks, marking
clearly their boundaries on the ground.
Thereafter, such forest lands and national
parks shall be conserved and may not be
increased nor diminished, except by law. The
Congress shall provide for such period as it
may determine, measures to prohibit logging
in endangered forests and watershed areas.

Section 5. The State, subject to the

provisions of this Constitution and national
development policies and programs, shall
protect the rights of indigenous cultural
communities to their ancestral lands to ensure
their economic, social, and cultural well-being.

The Congress may provide for the applicability

of customary laws governing property rights or
relations in determining the ownership and
extent of ancestral domain.

Section 6. The use of property bears a social

function, and all economic agents shall
contribute to the common good. Individuals
and private groups, including corporations,
cooperatives, and similar collective
organizations, shall have the right to own,
establish, and operate economic enterprises,
subject to the duty of the State to promote
distributive justice and to intervene when the
common good so demands.

Section 7. Save in cases of hereditary

succession, no private lands shall be
transferred or conveyed except to individuals,
corporations, or associations qualified to
acquire or hold lands of the public domain.

Section 8. Notwithstanding the provisions of

Section 7 of this Article, a natural-born citizen
of the Philippines who has lost his Philippine
citizenship may be a transferee of private
lands, subject to limitations provided by law.

Section 9. The Congress may establish an

independent economic and planning agency
headed by the President, which shall, after
consultations with the appropriate public
agencies, various private sectors, and local
government units, recommend to Congress,
and implement continuing integrated and
coordinated programs and policies for national
development.

Until the Congress provides otherwise, the

National Economic and Development
Authority shall function as the independent
planning agency of the government.

Section 10. The Congress shall, upon

recommendation of the economic and
planning agency, when the national interest
dictates, reserve to citizens of the Philippines
or to corporations or associations at least sixty
per centum of whose capital is owned by such
citizens, or such higher percentage as
Congress may prescribe, certain areas of
investments. The Congress shall enact
measures that will encourage the formation
and operation of enterprises whose capital is
wholly owned by Filipinos.

In the grant of rights, privileges, and

concessions covering the national economy
and patrimony, the State shall give preference
to qualified Filipinos.

The State shall regulate and exercise

authority over foreign investments within its
national jurisdiction and in accordance with its
national goals and priorities.

Section 11. No franchise, certificate, or any

other form of authorization for the operation of
a public utility shall be granted except to
citizens of the Philippines or to corporations or
associations organized under the laws of the
Philippines, at least sixty per centum of whose
capital is owned by such citizens; nor shall
such franchise, certificate, or authorization be
exclusive in character or for a longer period
than fifty years. Neither shall any such
franchise or right be granted except under the
condition that it shall be subject to
amendment, alteration, or repeal by the
Congress when the common good so
requires. The State shall encourage equity
participation in public utilities by the general
public. The participation of foreign investors in
the governing body of any public utility
enterprise shall be limited to their
proportionate share in its capital, and all the
executive and managing officers of such
corporation or association must be citizens of
the Philippines.

Section 12. The State shall promote the

preferential use of Filipino labor, domestic
materials and locally produced goods, and
adopt measures that help make them
competitive.

Section 13. The State shall pursue a trade

policy that serves the general welfare and
utilizes all forms and arrangements of
exchange on the basis of equality and
reciprocity.

Section 14. The sustained development of a

reservoir of national talents consisting of
Filipino scientists, entrepreneurs,
professionals, managers, high-level technical
manpower and skilled workers and craftsmen
in all fields shall be promoted by the State.
The State shall encourage appropriate
technology and regulate its transfer for the
national benefit. The practice of all
professions in the Philippines shall be limited
to Filipino citizens, save in cases prescribed
by law.

Section 15. The Congress shall create an

agency to promote the viability and growth of
cooperatives as instruments for social justice
and economic development.

Section 16. The Congress shall not, except

by general law, provide for the formation,
organization, or regulation of private
corporations. Government-owned or
controlled corporations may be created or
established by special charters in the interest
of the common good and subject to the test of
economic viability.

Section 17. In times of national emergency,

when the public interest so requires, the State
may, during the emergency and under
reasonable terms prescribed by it, temporarily
take over or direct the operation of any
privately-owned public utility or business
affected with public interest.

Section 18. The State may, in the interest of

national welfare or defense, establish and
operate vital industries and, upon payment of
just compensation, transfer to public
ownership utilities and other private
enterprises to be operated by the
Government.

Section 19. The State shall regulate or

prohibit monopolies when the public interest
so requires. No combinations in restraint of
trade or unfair competition shall be allowed.

Section 20. The Congress shall establish an

independent central monetary authority, the
members of whose governing board must be
natural-born Filipino citizens, of known probity,
integrity, and patriotism, the majority of whom
shall come from the private sector. They shall
also be subject to such other qualifications
and disabilities as may be prescribed by law.
The authority shall provide policy direction in
the areas of money, banking, and credit. It
shall have supervision over the operations of
banks and exercise such regulatory powers as
may be provided by law over the operations of
finance companies and other institutions
performing similar functions.

Until the Congress otherwise provides, the

Central Bank of the Philippines operating
under existing laws, shall function as the
central monetary authority.

Section 21. Foreign loans may only be

incurred in accordance with law and the
regulation of the monetary authority.
Information on foreign loans obtained or
guaranteed by the Government shall be made
available to the public.

Section 22. Acts which circumvent or negate

any of the provisions of this Article shall be
considered inimical to the national interest and
subject to criminal and civil sanctions, as may
be provided by law.

ARTICLE XIII
SOCIAL JUSTICE AND HUMAN RIGHTS

Section 1. The Congress shall give highest

priority to the enactment of measures that
protect and enhance the right of all the people
to human dignity, reduce social, economic,
and political inequalities, and remove cultural
inequities by equitably diffusing wealth and
political power for the common good.
To this end, the State shall regulate the
acquisition, ownership, use, and disposition of
property and its increments.

Section 2. The promotion of social justice

shall include the commitment to create
economic opportunities based on freedom of
initiative and self-reliance.

LABOR

Section 3. The State shall afford full

protection to labor, local and overseas,
organized and unorganized, and promote full
employment and equality of employment
opportunities for all.

It shall guarantee the rights of all workers to

self-organization, collective bargaining and
negotiations, and peaceful concerted
activities, including the right to strike in
accordance with law. They shall be entitled to
security of tenure, humane conditions of work,
and a living wage. They shall also participate
in policy and decision-making processes
affecting their rights and benefits as may be
provided by law.
The State shall promote the principle of
shared responsibility between workers and
employers and the preferential use of
voluntary modes in settling disputes, including
conciliation, and shall enforce their mutual
compliance therewith to foster industrial
peace.

The State shall regulate the relations between

workers and employers, recognizing the right
of labor to its just share in the fruits of
production and the right of enterprises to
reasonable returns to investments, and to
expansion and growth.

AGRARIAN AND NATURAL RESOURCES

REFORM

Section 4. The State shall, by law, undertake

an agrarian reform program founded on the
right of farmers and regular farmworkers who
are landless, to own directly or collectively the
lands they till or, in the case of other
farmworkers, to receive a just share of the
fruits thereof. To this end, the State shall
encourage and undertake the just distribution
of all agricultural lands, subject to such
priorities and reasonable retention limits as
the Congress may prescribe, taking into
account ecological, developmental, or equity
considerations, and subject to the payment of
just compensation. In determining retention
limits, the State shall respect the right of small
landowners. The State shall further provide
incentives for voluntary land-sharing.

Section 5. The State shall recognize the right

of farmers, farmworkers, and landowners, as
well as cooperatives, and other independent
farmers' organizations to participate in the
planning, organization, and management of
the program, and shall provide support to
agriculture through appropriate technology
and research, and adequate financial,
production, marketing, and other support
services.

Section 6. The State shall apply the principles

of agrarian reform or stewardship, whenever
applicable in accordance with law, in the
disposition or utilization of other natural
resources, including lands of the public
domain under lease or concession suitable to
agriculture, subject to prior rights, homestead
rights of small settlers, and the rights of
indigenous communities to their ancestral
lands. The State may resettle landless
farmers and farmworkers in its own
agricultural estates which shall be distributed
to them in the manner provided by law.

Section 7. The State shall protect the rights of

subsistence fishermen, especially of local
communities, to the preferential use of the
communal marine and fishing resources, both
inland and offshore. It shall provide support to
such fishermen through appropriate
technology and research, adequate financial,
production, and marketing assistance, and
other services. The State shall also protect,
develop, and conserve such resources. The
protection shall extend to offshore fishing
grounds of subsistence fishermen against
foreign intrusion. Fishworkers shall receive a
just share from their labor in the utilization of
marine and fishing resources.

Section 8. The State shall provide incentives

to landowners to invest the proceeds of the
agrarian reform program to promote
industrialization, employment creation, and
privatization of public sector enterprises.
Financial instruments used as payment for
their lands shall be honored as equity in
enterprises of their choice.

URBAN LAND REFORM AND HOUSING

Section 9. The State shall, by law, and for the
common good, undertake, in cooperation with
the private sector, a continuing program of
urban land reform and housing which will
make available at affordable cost, decent
housing and basic services to under-privileged
and homeless citizens in urban centers and
resettlement areas. It shall also promote
adequate employment opportunities to such
citizens. In the implementation of such
program the State shall respect the rights of
small property owners.

Section 10. Urban or rural poor dwellers shall

not be evicted nor their dwelling demolished,
except in accordance with law and in a just
and humane manner.

No resettlement of urban or rural dwellers

shall be undertaken without adequate
consultation with them and the communities
where they are to be relocated.

HEALTH

Section 11. The State shall adopt an

integrated and comprehensive approach to
health development which shall endeavor to
make essential goods, health and other social
services available to all the people at
affordable cost. There shall be priority for the
needs of the under-privileged, sick, elderly,
disabled, women, and children. The State
shall endeavor to provide free medical care to
paupers.

Section 12. The State shall establish and

maintain an effective food and drug regulatory
system and undertake appropriate health,
manpower development, and research,
responsive to the country's health needs and
problems.

Section 13. The State shall establish a

special agency for disabled person for their
rehabilitation, self-development, and self-
reliance, and their integration into the
mainstream of society.

WOMEN

Section 14. The State shall protect working

women by providing safe and healthful
working conditions, taking into account their
maternal functions, and such facilities and
opportunities that will enhance their welfare
and enable them to realize their full potential
in the service of the nation.
ROLE AND RIGHTS OF PEOPLE'S
ORGANIZATIONS

Section 15. The State shall respect the role of

independent people's organizations to enable
the people to pursue and protect, within the
democratic framework, their legitimate and
collective interests and aspirations through
peaceful and lawful means.

People's organizations are bona fide

associations of citizens with demonstrated
capacity to promote the public interest and
with identifiable leadership, membership, and
structure.

Section 16. The right of the people and their

organizations to effective and reasonable
participation at all levels of social, political,
and economic decision-making shall not be
abridged. The State shall, by law, facilitate the
establishment of adequate consultation
mechanisms.
 HUMAN RIGHTS

Section 17.

1. There is hereby created an

independent office called the
Commission on Human Rights.
2. The Commission shall be composed
of a Chairman and four Members who
must be natural-born citizens of the
Philippines and a majority of whom
shall be members of the Bar. The term
of office and other qualifications and
disabilities of the Members of the
Commission shall be provided by law.
3. Until this Commission is constituted,
the existing Presidential Committee on
Human Rights shall continue to
exercise its present functions and
powers.
4. The approved annual appropriations
of the Commission shall be
automatically and regularly released.

Section 18. The Commission on Human

Rights shall have the following powers and
functions:
1. Investigate, on its own or on complaint
by any party, all forms of human rights
violations involving civil and political
rights;
2. Adopt its operational guidelines and
rules of procedure, and cite for
contempt for violations thereof in
accordance with the Rules of Court;
3. Provide appropriate legal measures
for the protection of human rights of all
persons within the Philippines, as well
as Filipinos residing abroad, and
provide for preventive measures and
legal aid services to the under-
privileged whose human rights have
been violated or need protection;
4. Exercise visitorial powers over jails,
prisons, or detention facilities;
5. Establish a continuing program of
research, education, and information
to enhance respect for the primacy of
human rights;
6. Recommend to Congress effective
measures to promote human rights
and to provide for compensation to
victims of violations of human rights,
or their families;
 7. Monitor the Philippine Government's
compliance with international treaty
obligations on human rights;
8. Grant immunity from prosecution to
any person whose testimony or whose
possession of documents or other
evidence is necessary or convenient
to determine the truth in any
investigation conducted by it or under
its authority;
9. Request the assistance of any
department, bureau, office, or agency
in the performance of its functions;
10. Appoint its officers and employees in
accordance with law; and
11. Perform such other duties and
functions as may be provided by law.

Section 19. The Congress may provide for

other cases of violations of human rights that
should fall within the authority of the
Commission, taking into account its
recommendations.
 ARTICLE XIV
EDUCATION, SCIENCE AND
TECHNOLOGY, ARTS, CULTURE AND
SPORTS

EDUCATION

Section 1. The State shall protect and

promote the right of all citizens to quality
education at all levels, and shall take
appropriate steps to make such education
accessible to all.

Section 2. The State shall:

1. Establish, maintain, and support a

complete, adequate, and integrated
system of education relevant to the
needs of the people and society;
2. Establish and maintain, a system of
free public education in the
elementary and high school levels.
Without limiting the natural rights of
parents to rear their children,
elementary education is compulsory
for all children of school age;
3. Establish and maintain a system of
scholarship grants, student loan
programs, subsidies, and other
 incentives which shall be available to
deserving students in both public and
private schools, especially to the
under-privileged;
4. Encourage non-formal, informal, and
indigenous learning systems, as well
as self-learning, independent, and out-
of-school study programs particularly
those that respond to community
needs; and
5. Provide adult citizens, the disabled,
and out-of-school youth with training in
civics, vocational efficiency, and other
skills.

Section 3.

1. All educational institutions shall

include the study of the Constitution
as part of the curricula.
2. They shall inculcate patriotism and
nationalism, foster love of humanity,
respect for human rights, appreciation
of the role of national heroes in the
historical development of the country,
teach the rights and duties of
citizenship, strengthen ethical and
spiritual values, develop moral
character and personal discipline,
 encourage critical and creative
thinking, broaden scientific and
technological knowledge, and promote
vocational efficiency.
3. At the option expressed in writing by
the parents or guardians, religion shall
be allowed to be taught to their
children or wards in public elementary
and high schools within the regular
class hours by instructors designated
or approved by the religious
authorities of the religion to which the
children or wards belong, without
additional cost to the Government.

Section 4.

1. The State recognizes the

complementary roles of public and
private institutions in the educational
system and shall exercise reasonable
supervision and regulation of all
educational institutions.
2. Educational institutions, other than
those established by religious groups
and mission boards, shall be owned
solely by citizens of the Philippines or
corporations or associations at least
sixty per centum of the capital of
 which is owned by such citizens. The
Congress may, however, require
increased Filipino equity participation
in all educational institutions. The
control and administration of
educational institutions shall be vested
in citizens of the Philippines.

No educational institution shall be

established exclusively for aliens and
no group of aliens shall comprise
more than one-third of the enrollment
in any school. The provisions of this
sub section shall not apply to schools
established for foreign diplomatic
personnel and their dependents and,
unless otherwise provided by law, for
other foreign temporary residents.

3. All revenues and assets of non-stock,

non-profit educational institutions used
actually, directly, and exclusively for
educational purposes shall be exempt
from taxes and duties. Upon the
dissolution or cessation of the
corporate existence of such
institutions, their assets shall be
disposed of in the manner provided by
law.
 Proprietary educational institutions,
including those cooperatively owned,
may likewise be entitled to such
exemptions, subject to the limitations
provided by law, including restrictions
on dividends and provisions for
reinvestment.

4. Subject to conditions prescribed by

law, all grants, endowments,
donations, or contributions used
actually, directly, and exclusively for
educational purposes shall be exempt
from tax.

Section 5.

1. the State shall take into account

regional and sectoral needs and
conditions and shall encourage local
planning in the development of
educational policies and programs.
2. Academic freedom shall be enjoyed in
all institutions of higher learning.
3. Every citizen has a right to select a
profession or course of study, subject
to fair, reasonable, and equitable
admission and academic
requirements.
 4. The State shall enhance the right of
teachers to professional
advancement. Non-teaching academic
and non-academic personnel shall
enjoy the protection of the State.
5. The State shall assign the highest
budgetary priority to education and
ensure that teaching will attract and
retain its rightful share of the best
available talents through adequate
remuneration and other means of job
satisfaction and fulfillment.

LANGUAGE

Section 6. The national language of the

Philippines is Filipino. As it evolves, it shall be
further developed and enriched on the basis
of existing Philippine and other languages.

Subject to provisions of law and as the

Congress may deem appropriate, the
Government shall take steps to initiate and
sustain the use of Filipino as a medium of
official communication and as language of
instruction in the educational system.

Section 7. For purposes of communication

and instruction, the official languages of the
Philippines are Filipino and, until otherwise
provided by law, English.

The regional languages are the auxiliary

official languages in the regions and shall
serve as auxiliary media of instruction therein.

Spanish and Arabic shall be promoted on a

voluntary and optional basis.

Section 8. This Constitution shall be

promulgated in Filipino and English and shall
be translated into major regional languages,
Arabic, and Spanish.

Section 9. The Congress shall establish a

national language commission composed of
representatives of various regions and
disciplines which shall undertake, coordinate,
and promote researches for the development,
propagation, and preservation of Filipino and
other languages.

SCIENCE AND TECHNOLOGY

Section 10. Science and technology are

essential for national development and
progress. The State shall give priority to
research and development, invention,
innovation, and their utilization; and to science
and technology education, training, and
services. It shall support indigenous,
appropriate, and self-reliant scientific and
technological capabilities, and their application
to the country's productive systems and
national life.

Section 11. The Congress may provide for

incentives, including tax deductions, to
encourage private participation in programs of
basic and applied scientific research.
Scholarships, grants-in-aid, or other forms of
incentives shall be provided to deserving
science students, researchers, scientists,
inventors, technologists, and specially gifted
citizens.

Section 12. The State shall regulate the

transfer and promote the adaptation of
technology from all sources for the national
benefit. It shall encourage the widest
participation of private groups, local
governments, and community-based
organizations in the generation and utilization
of science and technology.
Section 13. The State shall protect and
secure the exclusive rights of scientists,
inventors, artists, and other gifted citizens to
their intellectual property and creations,
particularly when beneficial to the people, for
such period as may be provided by law.

ARTS AND CULTURE

Section 14. The State shall foster the

preservation, enrichment, and dynamic
evolution of a Filipino national culture based
on the principle of unity in diversity in a
climate of free artistic and intellectual
expression.

Section 15. Arts and letters shall enjoy the

patronage of the State. The State shall
conserve, promote, and popularize the
nation's historical and cultural heritage and
resources, as well as artistic creations.

Section 16. All the country's artistic and

historic wealth constitutes the cultural treasure
of the nation and shall be under the protection
of the State which may regulate its disposition.

Section 17. The State shall recognize,

respect, and protect the rights of indigenous
cultural communities to preserve and develop
their cultures, traditions, and institutions. It
shall consider these rights in the formulation
of national plans and policies.

Section 18.

1. The State shall ensure equal access

to cultural opportunities through the
educational system, public or private
cultural entities, scholarships, grants
and other incentives, and community
cultural centers, and other public
venues.
2. The State shall encourage and
support researches and studies on the
arts and culture.

SPORTS

Section 19.

1. The State shall promote physical

education and encourage sports
programs, league competitions, and
amateur sports, including training for
international competitions, to foster
self-discipline, teamwork, and
 excellence for the development of a
healthy and alert citizenry.
2. All educational institutions shall
undertake regular sports activities
throughout the country in cooperation
with athletic clubs and other sectors.

ARTICLE XV
THE FAMILY

Section 1. The State recognizes the Filipino

family as the foundation of the nation.
Accordingly, it shall strengthen its solidarity
and actively promote its total development.

Section 2. Marriage, as an inviolable social

institution, is the foundation of the family and
shall be protected by the State.

Section 3. The State shall defend:

1. The right of spouses to found a family

in accordance with their religious
convictions and the demands of
responsible parenthood;
2. The right of children to assistance,
including proper care and nutrition,
and special protection from all forms
 of neglect, abuse, cruelty, exploitation
and other conditions prejudicial to their
development;

The right of the family to a family living

wage and income; and

3. The right of families or family

associations to participate in the
planning and implementation of
policies and programs that affect
them.

Section 4. The family has the duty to care for

its elderly members but the State may also do
so through just programs of social security.

ARTICLE XVI
GENERAL PROVISIONS

Section 1. The flag of the Philippines shall be

red, white, and blue, with a sun and three
stars, as consecrated and honored by the
people and recognized by law.

Section 2. The Congress may, by law, adopt

a new name for the country, a national
anthem, or a national seal, which shall all be
truly reflective and symbolic of the ideals,
history, and traditions of the people. Such law
shall take effect only upon its ratification by
the people in a national referendum.

Section 3. The State may not be sued without

its consent.

Section 4. The Armed Forces of the

Philippines shall be composed of a citizen
armed force which shall undergo military
training and serve as may be provided by law.
It shall keep a regular force necessary for the
security of the State.

Section 5.

1. All members of the armed forces shall

take an oath or affirmation to uphold
and defend this Constitution.
2. The State shall strengthen the patriotic
spirit and nationalist consciousness of
the military, and respect for people's
rights in the performance of their duty.
3. Professionalism in the armed forces
and adequate remuneration and
benefits of its members shall be a
prime concern of the State. The armed
forces shall be insulated from partisan
 politics. No member of the military
shall engage, directly or indirectly, in
any partisan political activity, except to
vote.
4. No member of the armed forces in the
active service shall, at any time, be
appointed or designated in any
capacity to a civilian position in the
Government, including government-
owned or controlled corporations or
any of their subsidiaries.
5. Laws on retirement of military officers
shall not allow extension of their
service.
6. The officers and men of the regular
force of the armed forces shall be
recruited proportionately from all
provinces and cities as far as
practicable.
7. The tour of duty of the Chief of Staff of
the armed forces shall not exceed
three years. However, in times of war
or other national emergency declared
by the Congress, the President may
extend such tour of duty.

Section 6. The State shall establish and

maintain one police force, which shall be
national in scope and civilian in character, to
be administered and controlled by a national
police commission. The authority of local
executives over the police units in their
jurisdiction shall be provided by law.

Section 7. The State shall provide immediate

and adequate care, benefits, and other forms
of assistance to war veterans and veterans of
military campaigns, their surviving spouses
and orphans. Funds shall be provided therefor
and due consideration shall be given them in
the disposition of agricultural lands of the
public domain and, in appropriate cases, in
the utilization of natural resources.

Section 8. The State shall, from time to time,

review to increase the pensions and other
benefits due to retirees of both the
government and the private sectors.

Section 9. The State shall protect consumers

from trade malpractices and from substandard
or hazardous products.

Section 10. The State shall provide the policy

environment for the full development of
Filipino capability and the emergence of
communication structures suitable to the
needs and aspirations of the nation and the
balanced flow of information into, out of, and
across the country, in accordance with a
policy that respects the freedom of speech
and of the press.

Section 11.

1. The ownership and management of

mass media shall be limited to citizens
of the Philippines, or to corporations,
cooperatives or associations, wholly-
owned and managed by such citizens.

The Congress shall regulate or

prohibit monopolies in commercial
mass media when the public interest
so requires. No combinations in
restraint of trade or unfair competition
therein shall be allowed.

2. The advertising industry is impressed

with public interest, and shall be
regulated by law for the protection of
consumers and the promotion of the
general welfare.

Only Filipino citizens or corporations

or associations at least seventy per
centum of the capital of which is
 owned by such citizens shall be
allowed to engage in the advertising
industry.

The participation of foreign investors

in the governing body of entities in
such industry shall be limited to their
proportionate share in the capital
thereof, and all the executive and
managing officers of such entities
must be citizens of the Philippines.

Section 12. The Congress may create a

consultative body to advise the President on
policies affecting indigenous cultural
communities, the majority of the members of
which shall come from such communities.

ARTICLE XVII
AMENDMENTS OR REVISIONS

Section 1. Any amendment to, or revision of,

this Constitution may be proposed by:

1. The Congress, upon a vote of three-

fourths of all its Members; or
2. A constitutional convention.
Section 2. Amendments to this Constitution
may likewise be directly proposed by the
people through initiative upon a petition of at
least twelve per centum of the total number of
registered voters, of which every legislative
district must be represented by at least three
per centum of the registered voters therein.
No amendment under this section shall be
authorized within five years following the
ratification of this Constitution nor oftener than
once every five years thereafter.

The Congress shall provide for the

implementation of the exercise of this right.

Section 3. The Congress may, by a vote of

two-thirds of all its Members, call a
constitutional convention, or by a majority vote
of all its Members, submit to the electorate the
question of calling such a convention.

Section 4.Any amendment to, or revision of,

this Constitution under Section 1 hereof shall
be valid when ratified by a majority of the
votes cast in a plebiscite which shall be held
not earlier than sixty days nor later than ninety
days after the approval of such amendment or
revision.
Any amendment under Section 2 hereof shall
be valid when ratified by a majority of the
votes cast in a plebiscite which shall be held
not earlier than sixty days nor later than ninety
days after the certification by the Commission
on Elections of the sufficiency of the petition.

ARTICLE XVIII
TRANSITORY PROVISIONS

Section 1. The first elections of Members of

the Congress under this Constitution shall be
held on the second Monday of May, 1987.

The first local elections shall be held on a date

to be determined by the President, which may
be simultaneous with the election of the
Members of the Congress. It shall include the
election of all Members of the city or municipal
councils in the Metropolitan Manila area.

Section 2. The Senators, Members of the

House of Representatives, and the local
officials first elected under this Constitution
shall serve until noon of June 30, 1992.

Of the Senators elected in the elections in

1992, the first twelve obtaining the highest
number of votes shall serve for six years and
the remaining twelve for three years.

Section 3. All existing laws, decrees,

executive orders, proclamations, letters of
instructions, and other executive issuances
not inconsistent with this Constitution shall
remain operative until amended, repealed, or
revoked.

Section 4. All existing treaties or international

agreements which have not been ratified shall
not be renewed or extended without the
concurrence of at least two-thirds of all the
Members of the Senate.

Section 5. The six-year term of the incumbent

President and Vice-President elected in the
February 7, 1986 election is, for purposes of
synchronization of elections, hereby extended
to noon of June 30, 1992.

The first regular elections for the President

and Vice-President under this Constitution
shall be held on the second Monday of May,
1992.
Section 6. The incumbent President shall
continue to exercise legislative powers until
the first Congress is convened.

Section 7. Until a law is passed, the President

may fill by appointment from a list of nominees
by the respective sectors, the seats reserved
for sectoral representation in paragraph (2),
Section 5 of Article V1 of this Constitution.

Section 8. Until otherwise provided by the

Congress, the President may constitute the
Metropolitan Manila Authority to be composed
of the heads of all local government units
comprising the Metropolitan Manila area.

Section 9. A sub-province shall continue to

exist and operate until it is converted into a
regular province or until its component
municipalities are reverted to the mother
province.

Section 10. All courts existing at the time of

the ratification of this Constitution shall
continue to exercise their jurisdiction, until
otherwise provided by law. The provisions of
the existing Rules of Court, judiciary acts, and
procedural laws not inconsistent with this
Constitution shall remain operative unless
amended or repealed by the Supreme Court
or the Congress.

Section 11. The incumbent Members of the

Judiciary shall continue in office until they
reach the age of seventy years or become
incapacitated to discharge the duties of their
office or are removed for cause.

Section 12. The Supreme Court shall, within

one year after the ratification of this
Constitution, adopt a systematic plan to
expedite the decision or resolution of cases or
matters pending in the Supreme Court or the
lower courts prior to the effectivity of this
Constitution. A similar plan shall be adopted
for all special courts and quasi-judicial bodies.

Section 13. The legal effect of the lapse,

before the ratification of this Constitution, of
the applicable period for the decision or
resolution of the cases or matters submitted
for adjudication by the courts, shall be
determined by the Supreme Court as soon as
practicable.

Section 14. The provisions of paragraphs (3)

and (4), Section 15 of Article VIII of this
Constitution shall apply to cases or matters
filed before the ratification of this Constitution,
when the applicable period lapses after such
ratification.

Section 15. The incumbent Members of the

Civil Service Commission, the Commission on
Elections, and the Commission on Audit shall
continue in office for one year after the
ratification of this Constitution, unless they are
sooner removed for cause or become
incapacitated to discharge the duties of their
office or appointed to a new term thereunder.
In no case shall any Member serve longer
than seven years including service before the
ratification of this Constitution.

Section 16. Career civil service employees

separated from the service not for cause but
as a result of the reorganization pursuant to
Proclamation No. 3 dated March 25, 1986 and
the reorganization following the ratification of
this Constitution shall be entitled to
appropriate separation pay and to retirement
and other benefits accruing to them under the
laws of general application in force at the time
of their separation. In lieu thereof, at the
option of the employees, they may be
considered for employment in the Government
or in any of its subdivisions, instrumentalities,
or agencies, including government-owned or
controlled corporations and their subsidiaries.
This provision also applies to career officers
whose resignation, tendered in line with the
existing policy, had been accepted.

Section 17. Until the Congress provides

otherwise, the President shall receive an
annual salary of three hundred thousand
pesos; the Vice-President, the President of
the Senate, the Speaker of the House of
Representatives, and the Chief Justice of the
Supreme Court, two hundred forty thousand
pesos each; the Senators, the Members of the
House of Representatives, the Associate
Justices of the Supreme Court, and the
Chairmen of the Constitutional Commissions,
two hundred four thousand pesos each; and
the Members of the Constitutional
Commissions, one hundred eighty thousand
pesos each.

Section 18. At the earliest possible time, the

Government shall increase the salary scales
of the other officials and employees of the
National Government.

Section 19. All properties, records,

equipment, buildings, facilities, and other
assets of any office or body abolished or
reorganized under Proclamation No. 3 dated
March 25, 1986 or this Constitution shall be
transferred to the office or body to which its
powers, functions, and responsibilities
substantially pertain.

Section 20. The first Congress shall give

priority to the determination of the period for
the full implementation of free public
secondary education.

Section 21. The Congress shall provide

efficacious procedures and adequate
remedies for the reversion to the State of all
lands of the public domain and real rights
connected therewith which were acquired in
violation of the Constitution or the public land
laws, or through corrupt practices. No transfer
or disposition of such lands or real rights shall
be allowed until after the lapse of one year
from the ratification of this Constitution.

Section 22. At the earliest possible time, the

Government shall expropriate idle or
abandoned agricultural lands as may be
defined by law, for distribution to the
beneficiaries of the agrarian reform program.
Section 23. Advertising entities affected by
paragraph (2), Section 11 of Article XV1 of
this Constitution shall have five years from its
ratification to comply on a graduated and
proportionate basis with the minimum Filipino
ownership requirement therein.

Section 24. Private armies and other armed

groups not recognized by duly constituted
authority shall be dismantled. All paramilitary
forces including Civilian Home Defense
Forces not consistent with the citizen armed
force established in this Constitution, shall be
dissolved or, where appropriate, converted
into the regular force.

Section 25. After the expiration in 1991 of the

Agreement between the Republic of the
Philippines and the United States of America
concerning military bases, foreign military
bases, troops, or facilities shall not be allowed
in the Philippines except under a treaty duly
concurred in by the Senate and, when the
Congress so requires, ratified by a majority of
the votes cast by the people in a national
referendum held for that purpose, and
recognized as a treaty by the other contracting
State.
Section 26. The authority to issue
sequestration or freeze orders under
Proclamation No. 3 dated March 25, 1986 in
relation to the recovery of ill-gotten wealth
shall remain operative for not more than
eighteen months after the ratification of this
Constitution. However, in the national interest,
as certified by the President, the Congress
may extend such period.

A sequestration or freeze order shall be

issued only upon showing of a prima facie
case. The order and the list of the
sequestered or frozen properties shall
forthwith be registered with the proper court.
For orders issued before the ratification of this
Constitution, the corresponding judicial action
or proceeding shall be filed within six months
from its ratification. For those issued after
such ratification, the judicial action or
proceeding shall be commenced within six
months from the issuance thereof.

The sequestration or freeze order is deemed

automatically lifted if no judicial action or
proceeding is commenced as herein provided.

Section 27. This Constitution shall take effect

immediately upon its ratification by a majority
of the votes cast in a plebiscite held for the
purpose and shall supersede all previous
Constitutions.

The foregoing proposed Constitution of the

Republic of the Philippines was approved by
the Constitutional Commission of 1986 on the
twelfth day of October, Nineteen hundred and
eighty-six, and accordingly signed on the
fifteenth day of October, Nineteen hundred
and eighty-six at the Plenary Hall, National
Government Center, Quezon City, by the
Commissioners whose signatures are
hereunder affixed.