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THE 1987 CONSTITUTION
OF THE
REPUBLIC OF THE PHILIPPINES
(Full Text)
|
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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw Section 10. The State
shall promote social justice in all phases of national development.cralaw Section 11. The State
values the dignity of every human person and guarantees full respect for
human rights.cralaw 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.cralaw 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.cralaw 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.cralaw Section 15. The State
shall protect and promote the right to health of the people and instill
health consciousness among them.cralaw 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.cralaw 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.cralaw Section 18. The State
affirms labor as a primary social economic force. It shall protect the rights
of workers and promote their welfare.cralaw Section 19. The State
shall develop a self-reliant and independent national economy effectively
controlled by Filipinos.cralaw Section 20. The State
recognizes the indispensable role of the private sector, encourages private
enterprise, and provides incentives to needed investments.cralaw Section 21. The State
shall promote comprehensive rural development and agrarian reform.cralaw Section 22. The State
recognizes and promotes the rights of indigenous cultural communities within
the framework of national unity and development.cralaw Section 23. The State
shall encourage non-governmental, community-based, or sectoral organizations
that promote the welfare of the nation.cralaw Section 24. The State
recognizes the vital role of communication and information in
nation-building.cralaw Section 25. The State
shall ensure the autonomy of local governments.cralaw Section 26. The State
shall guarantee equal access to opportunities for public service and prohibit
political dynasties as may be defined by law.cralaw Section 27. The State
shall maintain honesty and integrity in the public service and take positive
and effective measures against graft and corruption.cralaw 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.cralaw 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.cralaw (2) Any evidence
obtained in violation of this or the preceding section shall be inadmissible
for any purpose in any proceeding.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw Section 9. Private
property shall not be taken for public use without just compensation.cralaw Section 10. No law
impairing the obligation of contracts shall be passed.cralaw 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.cralaw 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.cralaw (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.cralaw (3) Any confession or
admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.cralaw (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.cralaw 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.cralaw Section 14. (1) No
person shall be held to answer for a criminal offense without due process of
law.cralaw (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.cralaw 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.cralaw Section 16. All persons
shall have the right to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.cralaw Section 17. No person
shall be compelled to be a witness against himself.cralaw Section 18. (1) No
person shall be detained solely by reason of his political beliefs and
aspirations.cralaw (2) No involuntary
servitude in any form shall exist except as a punishment for a crime whereof
the party shall have been duly convicted.cralaw 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.cralaw (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.cralaw Section 20. No person
shall be imprisoned for debt or non-payment of a poll tax.cralaw 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.cralaw 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:chanroblesvirtuallawlibrary [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 cralaw [4] Those who are
naturalized in accordance with law.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw (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.cralaw (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.cralaw (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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw (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.cralaw (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.cralaw (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.cralaw (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.cralaw 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.cralaw 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.cralaw 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.cralaw 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 incurred for each Member.cralaw 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.cralaw 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.cralaw 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.cralaw (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.cralaw 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.cralaw 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.cralaw (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.cralaw (3) The procedure in
approving appropriations for the Congress shall strictly follow the procedure
for approving appropriations for other departments and agencies.cralaw (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.cralaw (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.cralaw (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.cralaw (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.cralaw Section 26. (1) Every
bill passed by the Congress shall embrace only one subject which shall be
expressed in the title thereof.cralaw (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.cralaw 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.cralaw (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.cralaw Section 28. (1) The
rule of taxation shall be uniform and equitable. The Congress shall evolve a
progressive system of taxation.cralaw (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.cralaw (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.cralaw (4) No law granting any
tax exemption shall be passed without the concurrence of a majority of all
the Members of the Congress.cralaw Section 29. (1) No
money shall be paid out of the Treasury except in pursuance of an
appropriation made by law.cralaw (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.cralaw (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.cralaw 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.cralaw Section 31. No law
granting a title of royalty or nobility shall be enacted.cralaw 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.cralaw 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.cralaw The Vice-President may
be appointed as a Member of the Cabinet. Such appointment requires no
confirmation.cralaw 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.cralaw 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.cralaw Unless otherwise
provided by law, the regular election for President and Vice-President shall
be held on the second Monday of May.cralaw 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.cralaw 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.cralaw The Congress shall
promulgate its rules for the canvassing of the certificates.cralaw 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.cralaw 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:chanroblesvirtuallawlibrary "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.cralaw If the President-elect
fails to qualify, the Vice President-elect shall act as President until the
President-elect shall have qualified.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw Section 17. The
President shall have control of all the executive departments, bureaus, and
offices. He shall ensure that the laws be faithfully executed.cralaw 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.cralaw 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.cralaw 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 of habeas corpus or the extension thereof, and
must promulgate its decision thereon within thirty days from its filing.cralaw 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 of habeas corpus.cralaw The suspension of the
privilege of the writ of habeas corpus shall apply only to persons
judicially charged for rebellion or offenses inherent in, or directly
connected with, invasion.cralaw During the suspension
of the privilege of the writ of habeas corpus, any person thus
arrested or detained shall be judicially charged within three days, otherwise
he shall be released.cralaw 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.cralaw He shall also have the
power to grant amnesty with the concurrence of a majority of all the Members
of the Congress.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw No law shall be passed
reorganizing the Judiciary when it undermines the security of tenure of its
Members.cralaw 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.cralaw 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.cralaw (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.cralaw (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:chanroblesvirtuallawlibrary 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:chanroblesvirtuallawlibrary (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.cralaw (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.cralaw (3) A Member of the
Judiciary must be a person of proven competence, integrity, probity, and
independence.cralaw 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.cralaw (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.cralaw (3) The Clerk of the
Supreme Court shall be the Secretary ex officio of the Council and
shall keep a record of its proceedings.cralaw (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.cralaw (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.cralaw Section 9. The Members of
the Supreme Court and judges of the lower courts shall be appointed by the
President from a list of at least three nominees prepared by the Judicial and
Bar Council for every vacancy. Such appointments need no confirmation.cralaw For the lower courts, the
President shall issue the appointments within ninety days from the submission
of the list.cralaw 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 their continuance in
office, their salary shall not be decreased.cralaw Section 11. The Members
of the Supreme Court and judges of lower courts shall hold office during good
behavior until they reach the age of seventy years or become incapacitated to
discharge the duties of their office. The Supreme Court en banc shall
have the power to discipline judges of lower courts, or order their dismissal
by a vote of a majority of the Members who actually took part in the
deliberations on the issues in the case and voted thereon.cralaw 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
functions.cralaw Section 13. The
conclusions of the Supreme Court in any case submitted to it for decision
en banc or in division shall be reached in consultation before the case
is assigned to a Member for the writing of 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 Members 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 courts.cralaw 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.cralaw 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.cralaw 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.cralaw (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.cralaw (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.cralaw (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.cralaw 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 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.cralaw Section. 3. The salary
of the Chairman and the Commissioners shall be fixed by law and shall not be
decreased during their tenure.cralaw Section 4. The
Constitutional Commissions shall appoint their officials and employees in
accordance with law.cralaw Section 5. The
Commission shall enjoy fiscal autonomy. Their approved annual appropriations
shall be automatically and regularly released.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw (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.cralaw (3) No officer or
employee of the civil service shall be removed or suspended except for cause
provided by law.cralaw (4) No officer or
employee in the civil service shall engage, directly or indirectly, in any
electioneering or partisan political campaign.cralaw (5) The right to
self-organization shall not be denied to government employees.cralaw (6) Temporary employees
of the Government shall be given such protection as may be provided by law.cralaw 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.cralaw Section 4. All public
officers and employees shall take an oath or affirmation to uphold and defend
this Constitution.cralaw 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.cralaw 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.cralaw Section 7. No elective
official shall be eligible for appointment or designation in any capacity to
any public office or position during his tenure.cralaw 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.cralaw 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.cralaw 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.cralaw Sec. 2. The Commission
on Elections shall exercise the following powers and functions:chanroblesvirtuallawlibrary (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.cralaw Decisions, final
orders, or rulings of the Commission on election contests involving elective
municipal and barangay offices shall be final, executory, and not appealable.cralaw (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.cralaw (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.cralaw (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.cralaw 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.cralaw (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.cralaw (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.cralaw (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.cralaw (9) Submit to the President
and the Congress, a comprehensive report on the conduct of each election,
plebiscite, initiative, referendum, or recall.cralaw 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, and 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw Section 10. Bona
fide candidates for any public office shall be free from any form of
harassment and discrimination.cralaw 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.cralaw 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.cralaw (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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw Section 9. Legislative
bodies of local governments shall have sectoral representation as may be
prescribed by law.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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:chanroblesvirtuallawlibrary (1) Administrative organization; 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.cralaw Section 3. (1) The
House of Representatives shall have the exclusive power to initiate all cases
of impeachment.cralaw (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.cralaw (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.cralaw (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.cralaw (5) No impeachment
proceedings shall be initiated against the same official more than once
within a period of one year.cralaw (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.cralaw (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.cralaw (8) The Congress shall
promulgate its rules on impeachment to effectively carry out the purpose of
this section.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw Section 13. The Office
of the Ombudsman shall have the following powers, functions, and duties:chanroblesvirtuallawlibrary (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.cralaw (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.cralaw (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.cralaw (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.cralaw (6) Publicize matters
covered by its investigation when circumstances so warrant and with due
prudence.cralaw (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.cralaw (8) Promulgate its
rules of procedure and exercise such other powers or perform such functions
or duties as may be provided by law.cralaw 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.cralaw 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.cralaw 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.cralaw 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 under-privileged. The State shall promote
industrialization and full employment based on sound agricultural development
and agrarian reform, through industries that make full and 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.cralaw In the pursuit of these
goals, all sectors of the economy and all regions 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.cralaw 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 sixty 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 be provided by law. In cases of
water rights for irrigation, water supply fisheries, or industrial uses other
than the development of water power, beneficial use may be the measure and
limit of the grant.cralaw The State shall protect
the nation's marine wealth in its archipelagic waters, territorial sea, and
exclusive economic zone, and reserve its use and enjoyment exclusively to
Filipino citizens.cralaw 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.cralaw 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.cralaw The President shall
notify the Congress of every contract entered into in accordance with this
provision, within thirty days from its execution.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw The Congress may
provide for the applicability of customary laws governing property rights or
relations in determining the ownership and extent of ancestral domain.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw Until the Congress
provides otherwise, the National Economic and Development Authority shall
function as the independent planning agency of the government.cralaw 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.cralaw In the grant of rights,
privileges, and concessions covering the national economy and patrimony, the
State shall give preference to qualified Filipinos.cralaw The State shall
regulate and exercise authority over foreign investments within its national
jurisdiction and in accordance with its national goals and priorities.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw The practice of all
professions in the Philippines shall be limited to Filipino citizens, save in
cases prescribed by law.cralaw Section 15. The
Congress shall create an agency to promote the viability and growth of
cooperatives as instruments for social justice and economic development.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw Until the Congress
otherwise provides, the Central Bank of the Philippines operating under
existing laws, shall function as the central monetary authority.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw (3) Until this
Commission is constituted, the existing Presidential Committee on Human
Rights shall continue to exercise its present functions and powers.cralaw (4) The approved annual
appropriations of the Commission shall be automatically and regularly
released.cralaw Section 18. The
Commission on Human Rights shall have the following powers and functions:chanroblesvirtuallawlibrary (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 cralaw (11) Perform such other
duties and functions as may be provided by law.cralaw 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:chanroblesvirtuallawlibrary (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 cralaw (5) Provide adult
citizens, the disabled, and out-of-school youth with training in civics,
vocational efficiency, and other skills.cralaw Section 3. (1) All
educational institutions shall include the study of the Constitution as part
of the curricula.cralaw (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.cralaw (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.cralaw 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.cralaw (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.cralaw The control and
administration of educational institutions shall be vested in citizens of the
Philippines.cralaw 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 subsection shall not apply to schools established for foreign
diplomatic personnel and their dependents and, unless otherwise provided by
law, for other foreign temporary residents.cralaw (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.cralaw 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.cralaw (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.cralaw 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.cralaw (2) Academic freedom
shall be enjoyed in all institutions of higher learning.cralaw (3) Every citizen has a
right to select a profession or course of study, subject to fair, reasonable,
and equitable admission and academic requirements.cralaw (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.cralaw (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. 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.cralaw 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.cralaw 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.cralaw 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.cralaw (2) The State shall
encourage and support researches and studies on the arts and culture. 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.cralaw Section 7. For purposes
of communication and instruction, the official languages of the Philippines
are Filipino and, until otherwise provided by law, English.cralaw The regional languages
are the auxiliary official languages in the regions and shall serve as
auxiliary media of instruction therein.cralaw Spanish and Arabic
shall be promoted on a voluntary and optional basis.cralaw Section 8. This Constitution
shall be promulgated in Filipino and English and shall be translated into
major regional languages, Arabic, and Spanish.cralaw 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.cralaw 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.cralaw 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. 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.
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.cralaw Section 3. The State
shall defend:chanroblesvirtuallawlibrary (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; (3) The right of the
family to a family living wage and income; and (4) 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.cralaw Section 3. The State
may not be sued without its consent.cralaw 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.cralaw Section 5. (1) All
members of the armed forces shall take an oath or affirmation to uphold and
defend this Constitution.cralaw (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.cralaw (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.cralaw No member of the
military shall engage, directly or indirectly, in any partisan political
activity, except to vote.cralaw (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.cralaw (5) Laws on retirement
of military officers shall not allow extension of their service.cralaw (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.cralaw (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.cralaw 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.cralaw 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.cralaw 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.cralaw Section 9. The State
shall protect consumers from trade malpractices and from substandard or
hazardous products.cralaw 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.cralaw 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.cralaw 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.cralaw (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.cralaw 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.cralaw 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.cralaw 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:chanroblesvirtuallawlibrary (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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw The first regular
elections for the President and Vice-President under this Constitution shall
be held on the second Monday of May, 1992.cralaw Section 6. The
incumbent President shall continue to exercise legislative powers until the
first Congress is convened.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw Section 18. At the
earliest possible time, the Government shall increase the salary scales of
the other officials and employees of the National Government.cralaw 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.cralaw Section 20. The first
Congress shall give priority to the determination of the period for the full
implementation of free public secondary education.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw 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.cralaw The sequestration or
freeze order is deemed automatically lifted if no judicial action or
proceeding is commenced as herein provided.cralaw 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.cralaw 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. Adopted:chanroblesvirtuallawlibrary
Cecilia Munoz Palma
Ambrosio B. Padilla
Napoleon G. Rama Ahmad
Domocao Alonto
Jose D. Calderon Yusuf
R. Abubakar
Felicitas S. Aquino Attested by :
Flerida Ruth P. Romero
ORDINANCE APPORTIONING THE SEATS
OF THE HOUSE OF REPRESENTATIVES OF THE CONGRESS OF THE PHILIPPINES TO THE
DIFFERENT LEGISLATIVE DISTRICTS IN PROVINCES AND CITIES AND THE METROPOLITAN
MANILA AREA Section 1. For purposes
of the election of Members of the House of Representatives of the First
Congress of the Philippines under the Constitution proposed by the 1986
Constitutional Commission and subsequent elections, and until otherwise
provided by law, the Members thereof shall be elected from legislative
districts apportioned among the provinces, cities, and the Metropolitan
Manila Area as follows: cralaw METROPOLITAN MANILA AREA MANILA, six (6) - First
District: Barangays Nos. 1-146, N-City Boundary between Manila and Caloocan;
E - From Estero de Sunog Apog going South to Estero de Vitas up to the bridge
spanning Juan Luna Street, eastward to Tayuman Street up to the Railroad
Tracks along Dagupan Street, thence southward to Claro M. Recto Avenue; SE -
From point Claro M. Recto Avenue extending westward to Manila Bay; W - Manila
Bay northward to City boundary between Manila and Caloocan. Second District:
Barangays Nos. 147-267, N - City boundary between Manila and Caloocan; E -
From end of Rizal Avenue Extension extending southward to Railroad Tracks at
Antipolo Street; from corner Antipolo Street and Rizal Avenue on southern
side of Railroad Tracks extending westward to Estero de San Lazaro, southward
along Estero de San Lazaro up to corner of C. M. Recto Avenue westward to
bridge spanning Claro M. Recto at Estero de la Reina; W - Estero de la Reina
to Estero de Vitas to Estero Sunog Apog to City boundary between Manila and
Caloocan; Third District: Barangays Nos. 268-394, N - City boundary between
Manila and Caloocan; E - A. Bonifacio Street extending southward to Dimasalang,
to Anda-lucia, Claro M. Recto Avenue eastward to Estero de San Miguel ending
at Pasig River; S - Mouth of Estero de San Miguel at Pasig River, westward to
Del Pan Bridge, thence to Del Pan Street; W - Del Pan Street northward up to
Claro M. Recto Extension to Estero de San Lazaro, northward to Antipolo
Street, eastward to Rizal Avenue Extension, northward to boundary between
Manila and Caloocan; Fourth District: Barangays Nos. 395 - 586 SW - Estero de
San Miguel up to Mendiola Bridge, thence to C. M. Recto Avenue to Quezon
Boulevard; W - Quezon Boulevard, Andalucia, Dimasalang up to boundary between
Manila and Quezon City; NE - City boundary between Manila and Quezon City up
to Ramon Magsaysay Boulevard; SE - Ramon Magsaysay Boulevard up to V. Mapa Street;
S - Ramon Magsaysay Boulevard up to point Estero de San Miguel where Ramon
Magsaysay Boulevard spans Estero de San Miguel; Fifth District: Barangays
Nos. 649-828 N - Mouth of Pasig River inland to point Paz M. Guanzon Street
extending to Estero de Pandacan; NE - Estero de Pandacan up to Pedro Gil
Street to Tejeron Street up to boundary of Manila and Makati; SE - City
boundary between Manila and Makati up to Estero de Tripa de Gallina; S - City
boundary between Pasay and Manila down to Roxas Boulevard up to edge of
reclaimed areas westward to Manila Bay; W - Manila Bay up to mouth of Pasig
River, Sixth District: Barangays Nos. 587-648; and 829-905 N - Starting from
point which is mouth of Estero de San Miguel going eastward to Mendiola
Bridge, following line along Estero de San Miguel up to point where Ramon
Magsaysay Boulevard eastward to City boundary between Manila and Quezon
Cityl; NE - City boundary up to point city boundary of Manila, San Juan and
Quezon City; E - Manila-San Juan-Mandaluyong-Makati boundaries up to Tejeron
Street; SE - Tejeron Street to Pedro Gil Street up to bridge spanning Estero
de Pandacan; SW & W - Estero de Pandacan going northward to Paz M.
Guanzon Street, then northward on Paz M. Guazon Street up to Pasig River to
mouth of Estero de San Miguel on Pasig River. QUEZON CITY, four (4) -
First District : Barangays Del Monte, Paltok, Bungad, San Antonio, Katipunan,
Veterans Village, Talayan, Damayan, Mariblo, Paraiso, Sta. Cruz, Nayong
Kanluran, Philam, West Triangle, N.S. Amoranto, Paang Bundok, San Isidro
Labrador, Sta. Teresita, Salvacion, Maharlika, St. Peter, Lourdes, Sto.
Domingo, Sienna, San Jose, Manresa, Pag-ibig sa Nayon, Balingasa, Masambong,
Damar, Bahay Toro, St. Cristo, Ramon Magsaysay, Project 6, Vasra, Alicia, and
Bagong Pag-asa; Second District: Barangays Fairview, New Era, Holy Spirit,
Batasan Hills, Commonwealth, Payatas, Bagong Silangan, Sauyo, Talipapa,
Bagbag, San Bartolome, Sta. Lucia, Gulod, Novaliches Proper, San Agustin,
Nagkaisang Nayon, Sta. Monica, Kaligayahan, Pasong Putik, Apolonio Samson,
Unang Sigaw, Tandang Sora, Pasong Tamo, Culiat, Baesa, Capri, Balumbato, and
Sangandaan: Third District : Barangays E. Rodriguez, Silangan, Quirino 3-A,
Duyan-Duyan, Quirino 3-B, Amihan, Socorro, San Roque, Manga, Zobel Dioquino,
Tagumpay, Aguinaldo, Escopa 1, Escopa 2, Escopa 3, Escopa 4, West Kamias,
East Kamias, Quirino 2 A, Quririno 2 B, Quirino 2 C, Ugong Norte, Bagumbayan,
Libis, Villa Maria Clara, Masagana, Milagrosa, Marilag, Bagumbayan, Loyola
Heights, Pansol, and Matandang Balara; Fourth District: Barangays Bagong
Lipunan, Kaunlaran, San Martin, Immaculate Concepcion, South Triangle, Sacred
Heart, Laging Handa, Paligsahan, Obrero, Roxas, Kamuning, Kanluran, Kamuning
Silangan, Tatalon, Don Manuel, Dona Josefa, San Isidro, Dona Aurora, Santo
Nino, Santol, Dona Imelda, Kristong Hari, Kalusugan, Damayang Lagi, Mariana,
Valencia, Horseshoe, Pinagkaisahan, San Vicente, U.P. Campus, Krus Na Ligas,
Central, Old Capital Site, U.P. Village, Teacher's East, Teacher's West,
Sikatuna, Malaya, Pinahan, and Botocan.cralaw CALOOCAN CITY, two (2)
- First District : 70 Barangays; All of Caloocan North EDSA; Second District:
118 Barangays; All of Caloocan South EDSA.cralaw PASAY CITY, one (1) MALABON and NAVOTAS,
one (1) SAN JUAN and
MANDALUYONG, one (1) MARIKINA, one (1) MAKATI, one (1) PASIG, one (1)
PARANAQUE, one (1) LAS PINAS and
MUNTINGLUPA, one (1) PATEROS and TAGUIG, one
(1) VALENZUELA, one (1) REGION I ABRA, one (1) BENGUET, with the City
of Baguio, two (2) - First District: Baguio City; Second District: all the
Municipalities of Benguet.cralaw ILOCOS NORTE, with Laog
City, two (2) - First District: Laoag City and the Municipalities of Bacarra,
Bangui, Burgos, Pagud-Pagud, Pasuquin, Piddig, Sarrat, Vintar, Adams, Carasi,
and Dumalneg; Second District: Municipalities of Badoc, Batac, Currimao,
Dingras, Espiritu, Marcos, Nueva Era, Paoay, Pinili, San Nicolas, and
Solsona.cralaw ILOCOS SUR, two (2) -
First District: Municipalities of Bantay, Cabugao, Caoayan, Magsingal, San
Ildefonso, San Juan, San Vicente, San Catalina, Santo Domingo, Sinait, and
Vigan; Second District: Municipalities of Alilem, Banayoyo, Burgos, Candon,
Cervantes, Galimuyod, Gregorio del Pilar, Lidlidda, Nagbukel, Narvacan,
Quirino, Salcedo, San Emilio, San Esteban, Santa, Santa Cruz, Santa Lucia,
Santa Maria, Santiago, Suyo, Tagudin, Sigay, and Sugpon.cralaw LA UNION, two (2) -
First District : Municipalities of Bacnotan, Balaoan, Bangar, Luna, San
Fernando, San Gabriel, San Juan, Santol, and Sudipen; Second District:
Municipalities of Agoo, Aringay, Bagulin, Bauang, Burgos, Caba, Naguilian,
Pugo, Rosario, Santo Tomas, and Tubao.cralaw MOUNTAIN PROVINCE, one
(1) PANGASINAN, with the
Cities of Dagupan and San Carlos, six (6) - First District: Municipalities of
Bolinao, Bani, Agno, Burgos, Dasol, Infanta, Mabini, Alaminos, Anda and Sual;
Second District: Municipalities of Labrador, Lingayen, Bugallon, Aguilar,
Mangatarem, Binmaley, Urbiztondo, and Basista; Third District: San Carlos
City, and the Municipalities of Malasiqui, Bayambang, Calasiao, Mapandan, and
Sta. Barbara; Fourth District: Dagupan City and the Municipalities of
Mangaldan, San Fabian, San Jacinto, and Manaoag; Fifth District:
Municipalities of Binalonan, Laoac, Urdaneta, Villasis, Sison, Pozorrubio,
Bautista, Alcala, and Sto. Tomas; Sixth District: Municipalities of Rosales,
Asingan, Balungao, Sta. Maria, Umingan, San Quintin, Natividad, Tayug, San
Nicolas, and San Manuel. REGION II BATANES, one (1) CAGAYAN, three (3) -
First District: Municipalities of Aparri, Camalaniugan, Lallo, Buguey, Sta.
Teresita, Gonzaga, Sta. Ana, Gattaran, Baggao, and Alcala; Second District:
Municipalities of Sta. Praxedes, Sanchez Mira, Claveria, Pamplona, Abulug,
Ballesteros, Allacapan, Lasam, Sto. Nino, Rizal, Piat, and Calayan; Third
District: Municipalities of Tuguegarao, Solana, Enrile, Penablanca, Iguig,
Amulung, and Tuao.cralaw IFUGAO, one (1) ISABELA, four (4) -
First District: Municipalities of Sta. Maria, San Pablo, Cabagan, Sto. Tomas,
Albano, Tumauini, Ilagan, Divilican, Maconacon, and Palanan; Second District:
Municipalities of Aurora, San Manuel, Roxas, Mallig, Quezon, Quirino, Burgos,
Gamu, Naguilian, Benito Soliven, An Mariano; Third District: Municipalities
of Reina Mercedes, Cauayan, Luna, Cabatuan, San Mateo, Alicia, Angadanan, and
San Guillermo; Fourth District: Municipalities Cordon, Santiango, Ramon, San
Isidro, Echague, Jones, San Agustin, and Dinapigui.cralaw KALINGA-APAYAO, one (1)
NUEVA VIZCAYA, one (1) QUIRINO, one (1) REGION III BATAAN, two (2) - First
District: Municipalities of Dinalupihan, Hermosa, Orani, Samal, Abucay, and
Morong, Second District: Municipalities of Pilar, Orion, Limay, Bagac,
Mariveles, and Balanga. BULACAN, four (4) -
First District : Municipalities of Hagonoy, Paombong, Malolos, Calumpit,
Pulilan, and Bulacan; Second Distict: Municipalities Baliuag, Bustos,
Plaridel, Guiguinto, Balagtas, Pandi, and Bocaue; Third District:
Municipalities of San Miguel, San Ildefonso, San Rafael, Angat, Norzagaray,
and Remedios Trinidad; Fourth District: Municipalities of San Jose del Monte,
Sta. Maria, Marilao, Meycauayan,, and Obando.cralaw NUEVA ECIJA, with the
Cities of Cabanatuan, Palayan and San Jose, four (4) - First District:
Municipalities of Nampicuan, Cuyapo, Guimba, Quezon, Talavera, Licab, Sto.
Domingo, Aliaga, and Zaragoza, Second District: San Jose City and the
Municipalities of Lupao, Munoz, Talugtog, Caranglan, Pantabangan, Lanera, and
Rizal; Third District: Cabanatuan City; Palayan City, and the Municipalities
of General Natividad, Bongabong, Laur, Gabaldon, and Sta. Rosa, Fourth
District: Municipalities fof San Leonardo, General Tinio, Penaranda, Gapan,
San Isidro, Cabiao, San Antonio, and Jaen.cralaw PAMPANGA, with Angeles
City, four (4) - First District : Angeles City and the Municipalities of
Mabalacat and Magalang; Second District: Municipalities of Lubao, Guagua,
Floridablanca, Porac, Sta. Rita, and Sexmoan; Third District: Municipalities
of San Fernando, Arayat, Mexico, Bacolor, and Sta. ana; Fourth District:
Municipalities of Candaba, Apalit, Macabebe, Masantol, Minalin, Sto. Tomas,
San Luis, and San Simon.cralaw TARLAC, three (3) -
First District: Municipalities of Mayantoc, Sta. Ignacia, Camiling, Moncada,
San Manuel, Anao, Paniqui, Ramos, San Clemente, and Pura; Second District:
Municipalities of Tarlac, Gerona, and Victoria; Third District:
Municipalities of Bamban, Capas, Concepcion, and La Paz.cralaw ZAMBALES, with Olongapo City, two (2) - First District:
Olongapo City and the Municipalities of Subic, Castillejos, and San
Marcelino, Second District: Municipalities of Botolan, Cabangan, Candelaria,
Iba, Masinloc, Palauig, San Antonio, San Felipe, San Narciso, and Sta. Cruz. REGION IV AURORA, one (1) BATANGAS, with the
Cities of Batangas and Lipa, four (4) - First District: Municipalities of
Nasugbu, Lian, Calatagan, Balayan, Tuy, Calaca, Lemery, and Taal; Second
District: Batangas City and the Municipalities of Lobo, San Pascual, Bauan,
Mabini, San Luis, and Tingloy; Third District: Municipalities of Balete,
Malvar, Sto. Tomas, Tanauan, Talisay, Laurel, Agoncillo, San Nicolas, Sta.
Teresita, Alitagtag, Cuenca, and Mataas na Kahoy; Fourth District : Lipa City
and the Municipalities of San Juan, Taysan, Rosario, P. Garcia, Ibaan, and
San Jose.cralaw CAVITE, with the Cities
of Tagaytay, Cavite and Trece Martires, three (30 - First District: Cavite
City and the Municipalities of Bacoor, Kawit, Noveleta, and Rosario; Second
District: Trece Martires City and the Municipalities of Imus, Dasmarinas,
Carmona, Gen. Mariano Alvarez, General Trias, and Tanza; Third District:
Tagaytay City and the Municipalities of Alfonso, Amadeo, General Aguinaldo,
Indang, Magallanes, Maragondon, Mendez-Nunez, Naic, Silang, and Ternate.cralaw LAGUNA, with San Pablo
City, four (4) - First District: Municipalities of Binan, San Pedro and Sta.
Rosa; Second District: Municipalities of Bay, Cabuyao, Calamba, and Los
Banos; Third District: San Pablo City and the Municipalities of Calauan,
Alaminos, Rizal, Nagcarlan, Liliw, and Victoria: Fourth District:
Municipalities of Sta. Cruz, Pila, Lumban, Pagsanjan, Cavinti, Kalayaan,
Paete, Pakil, Pangil, Siniloan, Famy, Mabitac, Sta. Maria, Magdalena,
Luisiana, and Majayjay.cralaw MARINDUQUE, one (1) OCCIDENTAL MINDORO, one
(1) ORIENTAL MINDORO, two
(2) - First District: Municipalities of Baco, Calapan, Naujan, Puerto Galera,
San Teodoro, Victoria, Pola, and Socorro; Second District: Municipalities of
Bansud, Bongabon, Bulalakao, Gloria, Mansalay, Pinamalayan, and Roxas.cralaw PALAWAN, with Puerto
Princesa City, two (2) - First District: Municipalities of Agutaya, Araceli,
Busuanga, Cagayancillo, Coron, Cuyo, Dumaran, El Nido, Linapacan, Magsaysay,
Roxas, San Vicente, Taytay, and Kalayaan; Second District: Puerto Princesa
City and the Municipalities of Aborlan, Balabac, Batarasa, Brooke's Point,
Narra, Quezon, and Marcos.cralaw QUEZON, with Lucena
City, four (4) - First District: Municipalities of Burdeos, Gen. Nakar,
Infanta, Jumalig, Panukulan, Patnanungan, Polilio, Real, Sampaloc, Mauban,
Pagbilao, Lucban, and Tayabas; Second District: Lucena city and
Municipalities of Candelaria, Dolores, San Antonio, Sariaya, and Tiaong;
Third District: Municipalities of Catanauan, Gen. Luna, Macalelon, Mulanay,
Pitogo, San Andres, San Francisco, San Narciso, Buenavista, Padre Burgos,
Agdangan, and Unisan; Fourth District: Municipalities of Calauag,
Guinayangan, Gumaca, Lopez, Tagkawayan, Atimonan, Plaridel, Alabat, Perez,
and Quezon RIZAL, two (2) - First
District: Municipalities of Antipolo, Taytay, Cainta, Angono, and Binangonan;
Second District: Municipalities of E. Rodriguez, San Mateo, Morong, Cardona,
Teresa, Baras, Tanay, Pililla, and Jala-Jala.cralaw ROMBLON, one (1) REGION V ALBAY, with Legazpi
City, three (3) - First District: Municipalities of Bacacay, Malinao,
Malilipot, Santo Domingo, Tabaco, and Tiwi, Second District: Legazpi City and
the Municipalities of Camalig, Daraga, Manito, and Rapu-Rapu; Third District:
Municipalities of Guinobatan, Jovellar, Libon, Ligao, Oas, Pio Duran, and
Polangui. CAMARINES NORTE, one
(1) CAMARINES SUR,
including the Cities of Naga and Iriga, four (4) - First District:
Municipalities of Del Gallego, Ragay, Lupi, Sipocot, Libmanan, Cabusao,
Pamplona, Pasacao, Minalabac, and San Fernando, Second District : Naga City
and the Municipalities of Bonbon, Calabanga, Camaligan, Canaman, Gainza,
Magarao, Milaor, Ocampo, and Pili; Third District: Municipalities of
Caramoan, Garchitorena, Goa, Lagonoy, Presentacion, Sangay, San Jose, Tigaon,
Tinambac, and Siruma; Fourth District: Iriga City and the Municipalities of
Baao, Balatan, Bato, Buhi, Bula, and Nabua.cralaw CATANDUANES, one (1) MASBATE, three (3) -
First District Municipalities of San Pascual, Claveria, Monreal, San Jacinto,
San Fernando, and Batuan; Second District: Municipalities of Masbate, Mobo,
Milagros, Aroroy, Baleno, Balud, and Mandaon; Third District: Municipalities
of Uson, Dimasalang, Palanas, Cataingan, Pio V. Corpuz, Esperanza, Placer,
and Cawayan.cralaw SORSOGON, two (2) - First District: Municipalities of
Sorsogon, Pilar, Donsol, Castilla, Bacon, Casiguran, and Magallanes; Second
District: Municipalities of Barcelona, Prieto Diaz, Gubat, Juban, Bulusan,
Irosin, Sta. Magdalena, Matnog, and Bulan. REGION VI AKLAN, one (1) ANTIQUE, one (1) CAPIZ, including Roxas
City, two (2) - First District: Roxas City and the Municipalities of Panay,
Pilar, Pontevedra, President Roxas, Ma-ayon, and Panitan; Second District:
Municipalities of Dumalag, Jamindan, Mambusao, Sapian, Sigma, Tapaz, Cuartero,
Dao, Dumarao, and Ivisan.cralaw ILOILO, five (5) -
First District: Municipalities of Guimbal, Igbaras, San Joaquin, Tigbauan,
Tubungan, Miagao, and Oton; Second District; Municipalities of Jordan, Nueva
Valencia, Buenavista, Pavia, Leganes, Sta. Barbara, New Lucena, Zarraga,
Alimodian, Leon, and San Miguel; Third District: Municipalities of Maasin,
Cabatuan, Janiuay, Badiangan, Mina, Pototan, Calinog, Lambunao, and Bingawan;
Fourth District: Municipalities of Passi, San Enrique, Duenas, Dingle,
Barotac Nuevo, Dumangas, Anilao, and Banate; Fifth District: Municipalities
of Barotac Viejo, San Rafael, Ajuy, Lemery, Concepcion, Sara, San Dionisio,
Batad, Estancia, Balasan, and Carles.cralaw ILOILO CITY, one (1) NEGROS OCCIDENTAL, with
the Cities of San Carlos, Cadiz, Bago, La Carlota, and Silay, six (6) - First
District: San Carlos City and the Municipalities of Toboso, Calatrava,
Escalante, and S. Benedicto; Second District: Cadiz City and the
Municipalities of Sagay and Manapla; Third District: Silay City and the
Municipalities of Victorias, Enrique B. Magalona, Talisay, and Murcia; Fourth
District: Bago City and the Municipalities of Valladolid, San Enrique,
Pontevedra, Pulupandan, and La Carlota; Fifth District: Municipalities of La
Castellana, Moises Padilla, Isabela, Binalbagan, Himamaylan, and Hinigaran;
Sixth District: Municipalities of Kabankalan, Ilog, Cauayan, Candoni,
Sipalay, and Hinobaan.cralaw BACOLOD CITY, one (1) REGION VII BOHOL, with Tagbilaran
City, three (3) - First District: Tagbilaran City and the Municipalities of
Alburquerque, Antequera, Baclayon, Balilihan, Calape, Catigbian, Corella,
Cortes, Dauis, Loon, Maribojoc, Panglao, Sikatuna, and Tubigon; Second
District: Municipalities of Clarin, Inabangan, Sagbayan, Buenavista, Jetafe,
Dagohoy, Danao, San Miguel, Trinidad, Talibon, Ubay, Bien Unido, San Isidro,
and Pres. C. P. Garcia; Third District: Municipalities of Loay, Loboc, Bilar,
Batuan, Carmen, Sevilla, Lila, Dimiao, Valencia, Garcia-Hernandez, Jagna,
Duero, Guindulman, Candijay, Mabini, Alicia, Anda, Sierra Bullones, and
Pilar. CEBU, with the Cities
of Danao, Lapu-Lapu, Mandaue, and Toledo, six (6) - First District:
Municipalities of Talisay, Minglanilla, Naga, San Fernando, Carcar, and
Sibongan; Second District: Municipalities of Argao, Dalaguete, Alcoy,
Boljoon, Oslob, Santander, Samboan, Ginatilan, Malabuyoc, Alegria, Badian,
Moal- boal, Alcantara, Ronda, and Dumanjug; Third District: Toledo City and
the Municipalities of Barili, Alonguinsan, Pinamungajan, Balamban, Asturias,
and Tuburan; Fourth District: Municipalities of Tabuelan, San Remigio, Sta.
Fe, Bantayan, Madridejos, Daan- bantayan, Medellin, Bogo, and Tabogon; Fifth
District: Danao City and the Municipalities of Borbon, Sogod, Catmon, Carmen,
Compostela, Liloan, San Francisco, Poro, Tudela, and Pilar; Sixth District:
Lapu-lapu City, Mandanue City, and the Municipalities of Cordova and
Consolacion.cralaw CEBU CITY, two (2) -
First District: Barangays of Adlawon, Agsungot, Apas, Bacayan, Banilad,
Binaliw, Budla-an, Busay, Cmbinocot, Camputhaw, Capitol Site, Carreta,
Central Proper, Cogon-Ramos, Day-as, Ermita, Guba, Hipodromo, Kalubihan,
Kamagayan, Kasambagan, Lahug, Lorega, Lusaran, Luz, Mabini, Mabolo, Malubog,
Pahina Central, Parian, Paril, Pit-os, Pulang Bato, Sambag 1, Sambag 11, San
Antonio, San Jose, San Roque, Sta. Cruz, Sirao, T. Padilla, Talamban, Taptap,
Tejero, Tinago, and Zapatera; Second District: Barangays of Babag, Basak
Pardo, Basak San Nicolas, Bonbon, Buhisan, Bulacao pardo, Bout-Taup, Calamba,
Cogon Pardo, Duljo Fatima, Guadalupe, Inayawan, Kalunasan, Kinasang-an Pardo,
Labangon, Mambaling, Pahina San Nicolas, Pamutan, Pardo, Pasil Abuno,
Sibugay, Punta Princesa, Quiot, San Nicolas, Sawang Calero, Sinsin, Suba
Pasil, Sudlon, Sapangdako, Tabunan, Tigbao, Tisa, and Toong.cralaw NEGROS ORIENTAL, with
the Cities of Bais, Canlaon, and Dumaguete, three (3) - First District:
Canlaon City and the Municipalities of Vallehermoso, Guihulngan, La Libertad,
Jimalalud, Tayasan, Ayungon, Bindoy, and Manjuyod; Second District: Bais
City, Dumaguete City, and the Municipalities of Mabinay, Tanjay, Pamplona,
Amlan, San Jose, and Sibulan; Third District: Municipalities of Valencia,
Bacong, Dauin, Zamboanguita, Siaton, Sta. Catalina, Bayawan, and Basay.cralaw SIQUIJOR, one (1) REGION VIII LEYTE, with the Cities
of Tacloban and Ormoc, five (5) - First District: Tacloban City and the
municipalities of Alangalang, Babatngon, Palo, San Miguel, Sta. Fe, Tanauan,
and Talosa; Second District: Municipalities of Barugo, Barauen, Capoocan,
Carigara, Dagami, Dulag, Jaro, Julita, La Paz, Mayorga, MacArcthur, Pastrana,
Tabontabon, and Tunga; Third District: Municipalities of Almeria, Biliran,
Cabucgayan, Caibiran, Calubian, Culaba, Kawayan, Leyte, Maripipi, Naval, San
Isidro, Tabango, and Villaba; Fourth District: Ormoc city and the
Municipalities of Albuera, Isabel, Kananga, Matagob, Merida, and Palompon;
Fifth District: Municipalities of Abuyog, Bato, Baybay, Hilongos, Hindang,
Inopacan, Javier, Mahaplag, and Matalom. SOUTHERN LEYTE, one (1)
EASTERN SAMAR, one (1) NORTHERN SAMAR, two (2)
- First District: Municipalities of Allen, Biri, Bobon, Capul, Catarman,
Lavezares, Lope de Vega, Rosario, San Antonio, San Isidro, San Jose, San
Vicente, Victoria, and Mondragon; Second District: Municipalities of Silvino
Lobos, San Roque, Pambuyan, Las Navas, Catubig, Laoang, Palapag, Mapanas,
Gamay, and Lapinig.cralaw SAMAR, with Calbayog
City, two (2) - First District: Calbayog City and the Municipalities of
almagro, Gandara, Matuguinao, Pag- sanghan, San Jorge, Santa Margarita, Sto.
Nino, Tagapul-an, and Tarangnan; Second District: Municipalities of Basey,
Calbiga, Catbalogan, Daram, Hinabangan, San Jose de Buan, Jiabong, Marabut,
Motiong, Pinabacadao, San Sebastian, Sta. Rita, Talalora, Villareal, Wright,
and Zumarraga. REGION IX BASILAN, one (1) SULU, two (2) - First
District: Municipalities of Jolo, Marungas, Indanan, Pangutaran, Parang,
Talipao, Maimbung, and Patikul; Second District: Municipalities of Siasi,
Pandami, Pata, Luuk, K. Culuang, Panamao, New Panamao, Tapul, Lungus, and
Tongkil.cralaw TAWI-TAWI, one (1) ZAMBOANGA DEL NORTE,
with the Cities of Dapitan and Dipolog, three (3) - First District: Dapitan
City and the Municipalities of Sibutad, Rizal, La Libertad, Mutia, Pinan,
Sergio Osmena, Sr., and Polanco; Second District: Dipolog City and the
Municipalities of Katipunan, Pres. Manuel A. Roxas, Manukan, Ponot, Siayan,
and Sindangan; Third District: Municipalities of Salug; Godod, Liloy,
Tampilisan, Labason, Gutalac, Siocon, Baliquian, Siraway, Bacungan, and
Sibuco.cralaw ZAMBOANGA DEL SUR, with
Pagadian City, three (3) - First District: Pagadian City and the
Municipalities of Dumingag, Mahayag, Molave, Tambulig, Midsalip, R.
Magsaysay, Labangan, Aurora, Tukuran, Josefina, and Don Mariano Marcos;
Second District: Municipalities of Dumalinao, San Pablo, Tabina, Dima-
taling, Dinas, San Miguel, Margosatubig, Lapuyan, Kumalarang, Bayog,
Lakewood, Pitogo, and Vincenzo A. Sagun; Third District: Municipalities of
Malangas, Alicia, Olutanga, Mabuhay, Siay, Kabasalan, Naga, Ipil, Titay,
Tungawan, Buug, Imelda, Payao, Talusan, Diplahan, and Roseller Lim.cralaw ZAMBOANGA CITY, one (1) REGION X AGUSAN DEL NORTE, with
the City of Butuan, two (2) - First District: Butuan City and the
Municipality of Las Nieves, Second District: Municipalities of Buenavista,
Cabadbaran, Carmen, Jabonga, Kitcharao, Magallanes, Nasipit, Santiago, Tubay,
and Remedios T. Romualdez. AGUSAN DEL SUR, one (1)
BUKIDNON, three (3) -
First District: Municipalities of Talakag, Baungon, Malitbog, Libona, Manolo
Fortich, Sumialo, Panganto-can, and Kalilangan; Second District:
Municipalities of Malay-balay, Lantapan, Cabanglasan, Valencia, San Fernando,
and Impasugong; Third District: Municipalities of Maramag, Quezon, Don
Carlos, Kitaotao, Dangcagan, Kibawe, Damulog, and Kadingilan.cralaw CAMIGUIN, one (1) MISAMIS OCCIDENTAL,
with the Cities of Oroquieta, Ozamiz and Tangub, two (2) - First District:
Oroquieta City and the Municipalities of Baliangao, Plaridel, Calamba, Sapang
Dalaga, Lopez Jaena, Aloran, Concepcion, Panaon, and Jimenez; Second
District: Ozamiz City, Tangub City, and the Municipalities of Bonifacio,
Tudela, Clarin, Sinacaban, and Don Mariano Marcos.cralaw MISAMIS ORIENTAL, with
Gingoog City, two (2) - First District: Gingoog City and the Municipalities
of Magsaysay, Talisayan, Balingoan, Medina, Kinogitan, Sugbongcogon,
Binuangan, Salay, Lagonglong, and Balingasag; Second District: Municipalities
of Claveria, Jasaan, Villanueva, Tagoloan, Alubijid, El Salvador, Gitagum,
Initao, Laguindingan, Libertad, Lugait, Manticao, Naawan, and Opol.cralaw CAGAYAN DE ORO CITY,
one (1) SURIGAO DEL NORTE, with the City of Surigao, two (2) - First
District: Municipalities of Sta. Monica, San Isidro, Del Carme, Pilar,
General Luna, Dapa, Socorro, Burgos, San Benito, Loreto, Libjo, Dinagat,
Cagdianao, Tubajon, and Basilisa; Second District: Surigao City and the
Municipalities of San Francisco, Tagana-an, Sison, Placer, Malimono, Bacauag,
Gigaquit, Tubod, Mainit, Alegria, and Claver. REGION XI DAVAO DEL NORTE, three
(3) - First District: Municipalities of Moncayo, Montevista, Compostela,
Nabunturan, New Bataan, Mawab, and San Mariano; Second District: Municipalities
of San Vicente, Capalong, Asuncion, New Corella, Tagum, Maco, Mabini, and
Pantukan; Third District: Municipalities of Sto. Tomas, Carmen, Panabo,
Babak, Samal, and Kaputian. DAVAO ORIENTAL, two (2)
- First District: Municipalities of Boston, Cateel, Baganga, Caraga, Manay,
and Tarragona; Second District: Municipalities of Mati, Banaybanay, Lupon,
San Isidro, and Governor Generoso.cralaw DAVAO DEL SUR, two (2)
- First District: Municipalities of Magsaysay, Bansalan, Sta. Cruz, Matanao,
Digos, Hagonoy, and Padada; Second District: Municipalities of Kiblawan,
Sulop, Malalag, Sta. Maria, Malita, Jose Abad Santos, Don Marcelino, and
Saranggani.cralaw DAVAO CITY, three (3) -
First District: Districts of SOUTH COTABATO, with
General Santos City, three (3) - First District: General Santos City, and the
Municipalities of Polomolok, Tampakan, and Tupi; Second District:
Municipalities of Tantangan, Norala, Banga, Sto. Nino, Surallah, Koronadal,
Tiboli, and Lake Sebu; Third District: Municipalities of Alabel, Malapatan,
Glan, Maasim, Kiamba, Maitum, and Malungon.cralaw SURIGAO DEL SUR, two (2) - First District: Municipalities of
Bayabas, Cantilan, Carrascal, Cortes, Lanuza, Madrid, San Miguel, Tago,
Tandag, Cagwit, Marihatag, San Agustin, Carmen, and Lianga; Second District:
Municipalities of Barobo, Bislig, Hinatuan, Lingig, and Tagbina. REGION XII LANAO DEL NORTE, with
Iligan City, two (2) - First District: Iligan City, Linamon, Kauswagan,
Bacolod, Maigo, Kolambugan, Tubod, and Baroy; Second District: Baloi, Pantar,
Tagoloan, Poona-Piagapo, Pantao-Ragat, Matungao, Tangkal, Munai, Nunungan,
Magsaysay, Salvador, Kapatagan, Karomatan. Sapad, and Lala. LANAO DEL SUR, with
Marawi City, (2) - First District: Marawi City and the Municipalities of
Marantao, Piagapo, Saguiaran, Tagoloan, Kapai, Ditsaan - Ramain, Bubong,
Buadiposo-Buntong, Bumbaran, Maguing, Wao, Molundo, Taraka, Lumba-Bayabao,
Poona-Bayabao, Masiu and Tamparan; Second District: Municipalities of Balindong,
Tugaya, Bacolod Grande, Madalum, Madamba, Pualas, Ganassi, Pagayawan, Sultan
Gumander, Malabang, Balabagan, Kapatagan, Marogong, Tubaran, Binidayan,
Lumbatan, Lumbayanague, Butig, Bayang and Calanogas.cralaw MAGUINDANAO, with
Cotabato City, two (2) - First District: Cotabato City and the Municipalities
of Parang, Sultan Kudarat, Buldon, Barira, Dinaig, Kabuntalan, Matanog and
Upi; Second District: Municipalities of Pagalunga, Buluan, Sultan sa
Barongis, Maganoy, Talaya, South Upi, Datu Piang, Datu Paglas, and Ampatuan.cralaw NORTH COTABATO, two (2)
- First District: Municipalities of Carmen, Kabacan, Libungan, Midsayap,
Pigkawayan, Pikit, Aleosan, Banisilan, and Alamada; Second District:
Municipalities of Kidapawan, Makilala, Matalam, Antipas, Mlang, Pres. Roxas
Tulunan, and Magpet.cralaw SULTAN KUDARAT, one (1)
Section 2. The
Commission on Elections is hereby empowered to make minor adjustments of the
reapportionment herein made.cralaw Section 3. Any province
that may hereafter be created, or any city whose population may hereafter
increase to more than two hundred fifty thousand shall be entitiled in the
immediately following election to at least one Member or such number of
Members as it may be entitled to on the basis of the number of its inhabitants
and according to the standards setforth in paragraph (3), Section 5 of
Article VI of the Constitution. The number of Members apportioned to the
province out of which such new province was created or where the city, whose
population has so increased, is geographically located shall be
correspondingly adjusted by the Commission on Elections but such adjustment
shall not be made within one hundred and twenty days before the election.cralaw Section 4. This
Ordinance shall be appended to the Constitution proposed by the 1986
Constitutional Commission, and shall be submitted to a plebiscite
simultaneously with such Constitution, and shall take effect upon its
ratification by a majority of the votes cast in such plebiscite.cralaw Adopted: October 15,
1986
Attested:chanroblesvirtuallawlibrary Flerida Ruth P. Romero MEMBERS
OF THE CONSTITUTIONAL COMMISSION
[CON COM]
WHICH DRAFTED THE
1987 CONSTITUTION OF
THE PHILIPPINES Cecilia Munoz Palma Ambrosio
B. Padilla Napoleon
G. Rama Ahmad
Domocao Alonto Jose
D. Calderon Attested
by :chanroblesvirtuallawlibrary Flerida
Ruth P. Romero |
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