The 1987 Constitution: The Constitution of The Republic of The Philippines
The 1987 Constitution: The Constitution of The Republic of The Philippines
The 1987 Constitution: The Constitution of The Republic of The Philippines
PREAMBLE
We, the sovereign Filipino people, imploring the aid of Almighty God, in
order to build a just and humane society and establish a Government that shall
embody our ideals and aspirations, promote the common good, conserve and
develop our patrimony, and secure to ourselves and our posterity the blessings of
independence and democracy under the rule of law and a regime of truth, justice,
freedom, love, equality, and peace, do ordain and promulgate this Constitution.
ARTICLE I
National Territory
The national territory comprises the Philippine archipelago, with all the
islands and waters embraced therein, and all other territories over which the
Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and
aerial domains, including its territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas. The waters around, between, and
connecting the islands of the archipelago, regardless of their breadth and
dimensions, form part of the internal waters of the Philippines.
ARTICLE II
Declaration of Principles and State Policies
Principles
SECTION 1. The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government authority emanates from
them.
SECTION 2. The Philippines renounces war as an instrument of national
policy, adopts the generally accepted principles of international law as part of the
law of the land and adheres to the policy of peace, equality, justice, freedom,
cooperation, and amity with all nations.
SECTION 3. Civilian authority is, at all times, supreme over the military.
The Armed Forces of the Philippines is the protector of the people and the State.
Its goal is to secure the sovereignty of the State and the integrity of the national
territory.
SECTION 4. The prime duty of the Government is to serve and protect the
people. The Government may call upon the people to defend the State and, in
the fulfillment thereof, all citizens may be required, under conditions provided by
law, to render personal military or civil service.
SECTION 5. The maintenance of peace and order, the protection of life,
liberty, and property, and the promotion of the general welfare are essential for
the enjoyment by all the people of the blessings of democracy.
SECTION 6. The separation of Church and State shall be inviolable.
State Policies
SECTION 7. The State shall pursue an independent foreign policy. In its
relations with other states the paramount consideration shall be national
sovereignty, territorial integrity, national interest, and the right to self-
determination.
SECTION 8. The Philippines, consistent with the national interest, adopts
and pursues a policy of freedom from nuclear weapons in its territory.
SECTION 9. The State shall promote a just and dynamic social order that
will ensure the prosperity and independence of the nation and free the people
from poverty through policies that provide adequate social services, promote full
employment, a rising standard of living, and an improved quality of life for all.
SECTION 10. The State shall promote social justice in all phases of national
development.
SECTION 11. The State values the dignity of every human person and
guarantees full respect for human rights. Cdpr
SECTION 12. The State recognizes the sanctity of family life and shall
protect and strengthen the family as a basic autonomous social institution. It
shall equally protect the life of the mother and the life of the unborn from
conception. The natural and primary right and duty of parents in the rearing of
the youth for civic efficiency and the development of moral character shall
receive the support of the Government.
SECTION 13. The State recognizes the vital role of the youth in nation
building and shall promote and protect their physical, moral, spiritual,
intellectual, and social well-being. It shall inculcate in the youth patriotism and
nationalism, and encourage their involvement in public and civic affairs.
SECTION 14. The State recognizes the role of women in nation-building,
and shall ensure the fundamental equality before the law of women and men.
SECTION 15. The State shall protect and promote the right to health of the
people and instill health consciousness among them.
SECTION 16. The State shall protect and advance the right of the people to
a balanced and healthful ecology in accord with the rhythm and harmony of
nature.
SECTION 17. The State shall give priority to education, science and
technology, arts, culture, and sports to foster patriotism and nationalism,
accelerate social progress, and promote total human liberation and development.
SECTION 18. The State affirms labor as a primary social economic force. It
shall protect the rights of workers and promote their welfare.
SECTION 19. The State shall develop a self-reliant and independent
national economy effectively controlled by Filipinos.
SECTION 20. The State recognizes the indispensable role of the private
sector, encourages private enterprise, and provides incentives to needed
investments.
SECTION 21. The State shall promote comprehensive rural development
and agrarian reform.
SECTION 22. The State recognizes and promotes the rights of indigenous
cultural communities within the framework of national unity and development.
SECTION 23. The State shall encourage non-governmental, community-
based, or sectoral organizations that promote the welfare of the nation.
SECTION 24. The State recognizes the vital role of communication and
information in nation-building.
SECTION 25. The State shall ensure the autonomy of local governments.
SECTION 26. The State shall guarantee equal access to opportunities for
public service, and prohibit political dynasties as may be defined by law.
SECTION 27. The State shall maintain honesty and integrity in the public
service and take positive and effective measures against graft and corruption.
SECTION 28. Subject to reasonable conditions prescribed by law, the State
adopts and implements a policy of full public disclosure of all its transactions
involving public interest.
ARTICLE III
Bill of Rights
SECTION 1. No person shall be deprived of life, liberty, or property without
due process of law, nor shall any person be denied the equal protection of the
laws.
SECTION 2. The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and no search warrant or warrant
of arrest shall issue except upon probable cause to be determined personally by
the judge after examination under oath or affirmation of the complainant and
the witnesses he may produce, and particularly describing the place to be
searched and the persons or things to be seized.
SECTION 3. (1) The privacy of communication and correspondence shall be
inviolable except upon lawful order of the court, or when public safety or order
requires otherwise as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall
be inadmissible for any purpose in any proceeding.
SECTION 4. No law shall be passed abridging the freedom of speech, of
expression, or of the press, or the right of the people peaceably to assemble and
petition the government for redress of grievances.
SECTION 5. No law shall be made respecting an establishment of religion,
or prohibiting the free exercise thereof. The free exercise and enjoyment of
religious profession and worship, without discrimination or preference, shall
forever be allowed. No religious test shall be required for the exercise of civil or
political rights.
SECTION 6. The liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of the court.
Neither shall the right to travel be impaired except in the interest of national
security, public safety, or public health, as may be provided by law.
SECTION 7. The right of the people to information on matters of public
concern shall be recognized. Access to official records, and to documents, and
papers pertaining to official acts, transactions, or decisions, as well as to
government research data used as basis for policy development, shall be afforded
the citizen, subject to such limitations as may be provided by law.
SECTION 8. The right of the people, including those employed in the public
and private sectors, to form unions, associations, or societies for purposes not
contrary to law shall not be abridged.
SECTION 9. Private property shall not be taken for public use without just
compensation.
SECTION 10. No law impairing the obligation of contracts shall be passed.
SECTION 11. Free access to the courts and quasi-judicial bodies and
adequate legal assistance shall not be denied to any person by reason of poverty.
SECTION 12. (1) Any person under investigation for the commission of an
offense shall have the right to be informed of his right to remain silent and to
have competent and independent counsel preferably of his own choice. If the
person cannot afford the services of counsel, he must be provided with one.
These rights cannot be waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means
which vitiate the free will shall be used against him. Secret detention places,
solitary, incommunicado, or other similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17
hereof shall be inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this
section as well as compensation to and rehabilitation of victims of torture or
similar practices, and their families.
SECTION 13. All persons, except those charged with offenses punishable by
reclusion perpetua when evidence of guilt is strong, shall, before conviction, be
bailable by sufficient sureties, or be released on recognizance as may be provided
by law. The right to bail shall not be impaired even when the privilege of the writ
of habeas corpus is suspended. Excessive bail shall not be required.
SECTION 14. (1) No person shall be held to answer for a criminal offense
without due process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent
until the contrary is proved, and shall enjoy the right to be heard by himself and
counsel, to be informed of the nature and cause of the accusation against him, to
have a speedy, impartial, and public trial, to meet the witnesses face to face, and
to have compulsory process to secure the attendance of witnesses and the
production of evidence in his behalf. However, after arraignment, trial may
proceed notwithstanding the absence of the accused provided that he has been
duly notified and his failure to appear is unjustifiable.
SECTION 15. The privilege of the writ of habeas corpus shall not be
suspended except in cases of invasion or rebellion when the public safety requires
it.
SECTION 16. All persons shall have the right to a speedy disposition of their
cases before all judicial, quasi-judicial, or administrative bodies.
SECTION 17. No person shall be compelled to be a witness against himself.
SECTION 18. (1) No person shall be detained solely by reason of his political
beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment
for a crime whereof the party shall have been duly convicted.
SECTION 19. (1) Excessive fines shall not be imposed, nor cruel, degrading
or inhuman punishment inflicted. Neither shall death penalty be imposed, unless,
for compelling reasons involving heinous crimes, the Congress hereafter provides
for it. Any death penalty already imposed shall be reduced to reclusion perpetua.
(2) The employment of physical, psychological, or degrading punishment
against any prisoner or detainee or the use of substandard or inadequate penal
facilities under subhuman conditions shall be dealt with by law.
SECTION 20. No person shall be imprisoned for debt or non-payment of a
poll tax.
SECTION 21. No person shall be twice put in jeopardy of punishment for
the same offense. If an act is punished by a law and an ordinance, conviction or
acquittal under either shall constitute a bar to another prosecution for the same
act.
SECTION 22. No ex post facto law or bill of attainder shall be enacted.
ARTICLE IV
Citizenship
(1) Those who are citizens of the Philippines at the time of the
adoption of this Constitution;
(3) Those born before January 17, 1973, of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority; and
SECTION 15. The Congress shall convene once every year on the fourth
Monday of July for its regular session, unless a different date is fixed by law, and
shall continue to be in session for such number of days as it may determine until
thirty days before the opening of its next regular session, exclusive of Saturdays,
Sundays, and legal holidays. The President may call a special session at any time.
SECTION 16. (1) The Senate shall elect its President and the House of
Representatives its Speaker, by a majority vote of all its respective Members.
Each House shall choose such other officers as it may deem necessary.
(2) A majority of each House shall constitute a quorum to do business, but a
smaller number may adjourn from day to day and may compel the attendance of
absent Members in such manner, and under such penalties, as such House may
provide.
(3) Each House may determine the rules of its proceedings, punish its
Members for disorderly behavior, and, with the concurrence of two-thirds of all its
Members, suspend or expel a Member. A penalty of suspension, when imposed,
shall not exceed sixty days.
(4) Each House shall keep a Journal of its proceedings, and from time to
time publish the same, excepting such parts as may, in its judgment, affect
national security; and the yeas and nays on any question shall, at the request of
one-fifth of the Members present, be entered in the Journal.
Each House shall also keep a Record of its proceedings.
(5) Neither House during the sessions of the Congress shall, without the
consent of the other, adjourn for more than three days, nor to any other place
than that in which the two Houses shall be sitting.
SECTION 17. The Senate and the House of Representatives shall each have
an Electoral Tribunal which shall be the sole judge of all contests relating to the
election, returns, and qualifications of their respective Members. Each Electoral
Tribunal shall be composed of nine Members, three of whom shall be Justices of
the Supreme Court to be designated by the Chief Justice, and the remaining six
shall be Members of the Senate or the House of Representatives, as the case may
be, who shall be chosen on the basis of proportional representation from the
political parties and the parties or organizations registered under the party-list
system represented therein. The senior Justice in the Electoral Tribunal shall be
its Chairman.
SECTION 18. There shall be a Commission on Appointments consisting of
the President of the Senate, as ex officio Chairman, twelve Senators and twelve
Members of the House of Representatives, elected by each House on the basis of
proportional representation from the political parties and parties or organizations
registered under the party-list system represented therein. The Chairman of the
Commission shall not vote, except in case of a tie. The Commission shall act on
all appointments submitted to it within thirty session days of the Congress from
their submission. The Commission shall rule by a majority vote of all the
Members.
SECTION 19. The Electoral Tribunals and the Commission on Appointments
shall be constituted within thirty days after the Senate and the House of
Representatives shall have been organized with the election of the President and
the Speaker. The Commission on Appointments shall meet only while the
Congress is in session, at the call of its Chairman or a majority of all its Members,
to discharge such powers and functions as are herein conferred upon it.
SECTION 20. The records and books of accounts of the Congress shall be
preserved and be open to the public in accordance with law, and such books shall
be audited by the Commission on Audit which shall publish annually an itemized
list of amounts paid to and expenses incurred for each Member.
SECTION 21. The Senate or the House of Representatives or any of its
respective committees may conduct inquiries in aid of legislation in accordance
with its duly published rules of procedure. The rights of persons appearing in or
affected by such inquiries shall be respected.
SECTION 22. The heads of departments may upon their own initiative, with
the consent of the President, or upon the request of either House, as the rules of
each House shall provide, appear before and be heard by such House on any
matter pertaining to their departments. Written questions shall be submitted to
the President of the Senate or the Speaker of the House of Representatives at
least three days before their scheduled appearance. Interpellations shall not be
limited to written questions, but may cover matters related thereto. When the
security of the State or the public interest so requires and the President so states
in writing, the appearance shall be conducted in executive session.
SECTION 23. (1) The Congress, by a vote of two-thirds of both Houses in
joint session assembled, voting separately, shall have the sole power to declare
the existence of a state of war.
(2) In times of war or other national emergency, the Congress may, by law,
authorize the President, for a limited period and subject to such restrictions as it
may prescribe, to exercise powers necessary and proper to carry out a declared
national policy. Unless sooner withdrawn by resolution of the Congress, such
powers shall cease upon the next adjournment thereof.
SECTION 24. All appropriation, revenue or tariff bills, bills authorizing
increase of the public debt, bills of local application, and private bills shall
originate exclusively in the House of Representatives, but the Senate may
propose or concur with amendments.
SECTION 25. (1) The Congress may not increase the appropriations
recommended by the President for the operation of the Government as specified
in the budget. The form, content, and manner of preparation of the budget shall
be prescribed by law.
(2) No provision or enactment shall be embraced in the general
appropriations bill unless it relates specifically to some particular appropriation
therein. Any such provision or enactment shall be limited in its operation to the
appropriation to which it relates.
(3) The procedure in approving appropriations for the Congress shall strictly
follow the procedure for approving appropriations for other departments and
agencies.
(4) A special appropriations bill shall specify the purpose for which it is
intended, and shall be supported by funds actually available as certified by the
National Treasurer, or to be raised by a corresponding revenue proposed therein.
(5) No law shall be passed authorizing any transfer of appropriations;
however, the President, the President of the Senate, the Speaker of the House of
Representatives, the Chief Justice of the Supreme Court, and the heads of
Constitutional Commissions may, by law, be authorized to augment any item in
the general appropriations law for their respective offices from savings in other
items of their respective appropriations.
(6) Discretionary funds appropriated for particular officials shall be
disbursed only for public purposes to be supported by appropriate vouchers and
subject to such guidelines as may be prescribed by law.
(7) If, by the end of any fiscal year, the Congress shall have failed to pass
the general appropriations bill for the ensuing fiscal year, the general
appropriations law for the preceding fiscal year shall be deemed reenacted and
shall remain in force and effect until the general appropriations bill is passed by
the Congress.
SECTION 26. (1) Every bill passed by the Congress shall embrace only one
subject which shall be expressed in the title thereof.
(2) No bill passed by either House shall become a law unless it has passed
three readings on separate days, and printed copies thereof in its final form have
been distributed to its Members three days before its passage, except when the
President certifies to the necessity of its immediate enactment to meet a public
calamity or emergency. Upon the last reading of a bill, no amendment thereto
shall be allowed, and the vote thereon shall be taken immediately thereafter,
and the yeas and nays entered in the Journal.
SECTION 27. (1) Every bill passed by the Congress shall, before it becomes
a law, be presented to the President. If he approves the same, he shall sign it;
otherwise, he shall veto it and return the same with his objections to the House
where it originated, which shall enter the objections at large in its Journal and
proceed to reconsider it. If, after such reconsideration, two-thirds of all the
Members of such House shall agree to pass the bill, it shall be sent, together with
the objections, to the other House by which it shall likewise be reconsidered, and
if approved by two-thirds of all the Members of that House, it shall become a law.
In all such cases, the votes of each House shall be determined by yeas or nays,
and the names of the Members voting for or against shall be entered in its
Journal. The President shall communicate his veto of any bill to the House where
it originated within thirty days after the date of receipt thereof; otherwise, it
shall become a law as if he had signed it.
(2) The President shall have the power to veto any particular item or items
in an appropriation, revenue, or tariff bill, but the veto shall not affect the item or
items to which he does not object.
SECTION 28. (1) The rule of taxation shall be uniform and equitable. The
Congress shall evolve a progressive system of taxation.
(2) The Congress may, by law, authorize the President to fix within
specified limits, and subject to such limitations and restrictions as it may impose,
tariff rates, import and export quotas, tonnage and wharfage dues, and other
duties or imposts within the framework of the national development program of
the Government.
(3) Charitable institutions, churches and parsonages or convents
appurtenant thereto, mosques, non-profit cemeteries, and all lands, buildings,
and improvements, actually, directly, and exclusively used for religious,
charitable, or educational purposes shall be exempt from taxation.
(4) No law granting any tax exemption shall be passed without the
concurrence of a majority of all the Members of the Congress.
SECTION 29. (1) No money shall be paid out of the Treasury except in
pursuance of an appropriation made by law.
(2) No public money or property shall be appropriated, applied, paid, or
employed, directly or indirectly, for the use, benefit, or support of any sect,
church, denomination, sectarian institution, or system of religion, or of any
priest, preacher, minister, or other religious teacher, or dignitary as such, except
when such priest, preacher, minister, or dignitary is assigned to the armed forces,
or to any penal institution, or government orphanage or leprosarium.
(3) All money collected on any tax levied for a special purpose shall be
treated as a special fund and paid out for such purpose only. If the purpose for
which a special fund was created has been fulfilled or abandoned, the balance, if
any, shall be transferred to the general funds of the Government.
SECTION 30. No law shall be passed increasing the appellate jurisdiction of
the Supreme Court as provided in this Constitution without its advice and
concurrence.
SECTION 31. No law granting a title of royalty or nobility shall be enacted.
SECTION 32. The Congress shall, as early as possible, provide for a system
of initiative and referendum, and the exceptions therefrom, whereby the people
can directly propose and enact laws or approve or reject any act or law or part
thereof passed by the Congress or local legislative body after the registration of a
petition therefor signed by at least ten per centum of the total number of
registered voters, of which every legislative district must be represented by at
least three per centum of the registered voters thereof.
ARTICLE VII
Executive Department
SECTION 1. The executive power shall be vested in the President of the
Philippines.
SECTION 2. No person may be elected President unless he is a natural-born
citizen of the Philippines, a registered voter, able to read and write, at least forty
years of age on the day of the election, and a resident of the Philippines for at
least ten years immediately preceding such election.
SECTION 3. There shall be a Vice-President who shall have the same
qualifications and term of office and be elected with and in the same manner as
the President. He may be removed from office in the same manner as the
President.
The Vice-President may be appointed as a Member of the Cabinet. Such
appointment requires no confirmation.
SECTION 4. The President and the Vice-President shall be elected by direct
vote of the people for a term of six years which shall begin at noon on the
thirtieth day of June next following the day of the election and shall end at noon
of the same date six years thereafter. The President shall not be eligible for any
reelection. No person who has succeeded as President and has served as such for
more than four years shall be qualified for election to the same office at any
time.
No Vice-President shall serve for more than two consecutive terms.
Voluntary renunciation of the office for any length of time shall not be considered
as an interruption in the continuity of the service for the full term for which he
was elected.
Unless otherwise provided by law, the regular election for President and
Vice-President shall be held on the second Monday of May.
The returns of every election for President and Vice-President, duly certified
by the board of canvassers of each province or city, shall be transmitted to the
Congress, directed to the President of the Senate. Upon receipt of the certificates
of canvass, the President of the Senate shall, not later than thirty days after the
day of the election, open all certificates in the presence of the Senate and the
House of Representatives in joint public session, and the Congress, upon
determination of the authenticity and due execution thereof in the manner
provided by law, canvass the votes.
The person having the highest number of votes shall be proclaimed elected,
but in case two or more shall have an equal and highest number of votes, one of
them shall forthwith be chosen by the vote of a majority of all the Members of
both Houses of the Congress, voting separately.
The Congress shall promulgate its rules for the canvassing of the
certificates.
The Supreme Court, sitting en banc, shall be the sole judge of all contests
relating to the election, returns, and qualifications of the President or Vice-
President, and may promulgate its rules for the purpose.
SECTION 5. Before they enter on the execution of their office, the
President, the Vice-President, or the Acting President shall take the following
oath or affirmation:
"I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill
my duties as President (or Vice-President or Acting President) of the
Philippines, preserve and defend its Constitution, execute its laws, do justice
to every man, and consecrate myself to the service of the Nation. So help
me God." (In case of affirmation, last sentence will be omitted.)
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 the President; otherwise, the President shall continue
exercising the powers and duties of his office.
SECTION 12. In case of serious illness of the President, the public shall be
informed of the state of his health. The Members of the Cabinet in charge of
national security and foreign relations and the Chief of Staff of the Armed Forces
of the Philippines, shall not be denied access to the President during such illness.
SECTION 13. The President, Vice-President, the Members of the Cabinet,
and their deputies or assistants shall not, unless otherwise provided in this
Constitution, hold any other office or employment during their tenure. They shall
not, during said tenure, directly or indirectly, practice any other profession,
participate in any business, or be financially interested in any contract with, or in
any franchise, or special privilege granted by the Government or any subdivision,
agency, or instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries. They shall strictly avoid conflict of interest in
the conduct of their office.
The spouse and relatives by consanguinity or affinity within the fourth civil
degree of the President shall not during his tenure be appointed as members of
the Constitutional Commissions, or the Office of the Ombudsman, or as
Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including
government-owned or controlled corporations and their subsidiaries.
SECTION 14. Appointments extended by an Acting President shall remain
effective, unless revoked by the elected President within ninety days from his
assumption or reassumption of office.
SECTION 15. Two months immediately before the next presidential
elections and up to the end of his term, a President or Acting President shall not
make appointments, except temporary appointments to executive positions
when continued vacancies therein will prejudice public service or endanger public
safety.
SECTION 16. The President shall nominate and, with the consent of the
Commission on Appointments, appoint the heads of the executive departments,
ambassadors, other public ministers and consuls, or officers of the armed forces
from the rank of colonel or naval captain, and other officers whose appointments
are vested in him in this Constitution. He shall also appoint all other officers of
the Government whose appointments are not otherwise provided for by law, and
those whom he may be authorized by law to appoint. The Congress may, by law,
vest the appointment of other officers lower in rank in the President alone, in the
courts, or in the heads of departments, agencies, commissions, or boards.
The President shall have the power to make appointments during the
recess of the Congress, whether voluntary or compulsory, but such appointments
shall be effective only until after disapproval by the Commission on
Appointments or until the next adjournment of the Congress.
SECTION 17. The President shall have control of all the executive
departments, bureaus, and offices. He shall ensure that the laws be faithfully
executed.
SECTION 18. The President shall be the Commander-in-Chief of all armed
forces of the Philippines and whenever it becomes necessary, he may call out
such armed forces to prevent or suppress lawless violence, invasion or rebellion.
In case of invasion or rebellion, when the public safety requires it, he may, for a
period not exceeding sixty days, suspend the privilege of the writ of habeas
corpus or place the Philippines or any part thereof under martial law. Within
forty-eight hours from the proclamation of martial law or the suspension of the
privilege of the writ of habeas corpus, the President shall submit a report in
person or in writing to the Congress. The Congress, voting jointly, by a vote of at
least a majority of all its Members in regular or special session, may revoke such
proclamation or suspension, which revocation shall not be set aside by the
President. Upon the initiative of the President, the Congress may, in the same
manner, extend such proclamation or suspension for a period to be determined
by the Congress, if the invasion or rebellion shall persist and public safety
requires it.
The Congress, if not in session, shall, within twenty-four hours following
such proclamation or suspension, convene in accordance with its rules without
any need of a call.
The Supreme Court may review, in an appropriate proceeding filed by any
citizen, the sufficiency of the factual basis of the proclamation of martial law or
the suspension of the privilege of the writ or the extension thereof, and must
promulgate its decision thereon within thirty days from its filing.
A state of martial law does not suspend the operation of the Constitution,
nor supplant the functioning of the civil courts or legislative assemblies, nor
authorize the conferment of jurisdiction on military courts and agencies over
civilians where civil courts are able to function, nor automatically suspend the
privilege of the writ.
The suspension of the privilege of the writ shall apply only to persons
judicially charged for rebellion or offenses inherent in or directly connected with
the invasion.
During the suspension of the privilege of the writ, any person thus arrested
or detained shall be judicially charged within three days, otherwise he shall be
released.
SECTION 19. Except in cases of impeachment, or as otherwise provided in
this Constitution, the President may grant reprieves, commutations and pardons,
and remit fines and forfeitures, after conviction by final judgment.
He shall also have the power to grant amnesty with the concurrence of a
majority of all the Members of the Congress.
SECTION 20. The President may contract or guarantee foreign loans on
behalf of the Republic of the Philippines with the prior concurrence of the
Monetary Board, and subject to such limitations as may be provided by law. The
Monetary Board shall, within thirty days from the end of every quarter of the
calendar year, submit to the Congress a complete report of its decisions on
applications for loans to be contracted or guaranteed by the Government or
government-owned and controlled corporations which would have the effect of
increasing the foreign debt, and containing other matters as may be provided by
law.
SECTION 21. No treaty or international agreement shall be valid and
effective unless concurred in by at least two-thirds of all the Members of the
Senate.
SECTION 22. The President shall submit to the Congress within thirty days
from the opening of every regular session, as the basis of the general
appropriations bill, a budget of expenditures and sources of financing, including
receipts from existing and proposed revenue measures.
SECTION 23. The President shall address the Congress at the opening of its
regular session. He may also appear before it at any other time.
ARTICLE VIII
Judicial Department
SECTION 1. The judicial power shall be vested in one Supreme Court and in
such lower courts as may be established by law.
Judicial power includes the duty of the courts of justice to settle actual
controversies involving rights which are legally demandable and enforceable, and
to determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.
SECTION 2. The Congress shall have the power to define, prescribe, and
apportion the jurisdiction of various courts but may not deprive the Supreme
Court of its jurisdiction over cases enumerated in Section 5 hereof.
No law shall be passed reorganizing the Judiciary when it undermines the
security of tenure of its Members.
SECTION 3. The Judiciary shall enjoy fiscal autonomy. Appropriations for
the Judiciary may not be reduced by the legislature below the amount
appropriated for the previous year and, after approval, shall be automatically and
regularly released.
SECTION 4. (1) The Supreme Court shall be composed of a Chief Justice and
fourteen Associate Justices. It may sit en banc or in its discretion, in divisions of
three, five, or seven Members. Any vacancy shall be filled within ninety days
from the occurrence thereof.
(2) All cases involving the constitutionality of a treaty, international or
executive agreement, or law, which shall be heard by the Supreme Court en
banc, and all other cases which under the Rules of Court are required to be heard
en banc, including those involving the constitutionality, application, or operation
of presidential decrees, proclamations, orders, instructions, ordinances, and other
regulations, shall be decided with the concurrence of a majority of the Members
who actually took part in the deliberations on the issues in the case and voted
thereon.
(3) Cases or matters heard by a division shall be decided or resolved with
the concurrence of a majority of the Members who actually took part in the
deliberations on the issues in the case and voted thereon, and in no case, without
the concurrence of at least three of such Members. When the required number is
not obtained, the case shall be decided en banc: Provided, that no doctrine or
principle of law laid down by the court in a decision rendered en banc or in
division may be modified or reversed except by the court sitting en banc.
SECTION 5. The Supreme Court shall have the following powers:
(b) All cases involving the legality of any tax, impost, assessment,
or toll, or any penalty imposed in relation thereto.
(1) Enforce and administer all laws and regulations relative to the
conduct of an election, plebiscite, initiative, referendum, and
recall.
(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.
(9) Such other matters as may be authorized by law for the promotion
of the general welfare of the people of the region.
SECTION 21. The preservation of peace and order within the regions shall
be the responsibility of the local police agencies which shall be organized,
maintained, supervised, and utilized in accordance with applicable laws. The
defense and security of the regions shall be the responsibility of the National
Government.
ARTICLE XI
Accountability of Public Officers
SECTION 1. Public office is a public trust. Public officers and employees
must at all times be accountable to the people, serve them with utmost
responsibility, integrity, loyalty, and efficiency, act with patriotism and justice,
and lead modest lives.
SECTION 2. The President, the Vice-President, the Members of the Supreme
Court, the Members of the Constitutional Commissions, and the Ombudsman
may be removed from office, on impeachment for, and conviction of, culpable
violation of the Constitution, treason, bribery, graft and corruption, other high
crimes, or betrayal of public trust. All other public officers and employees may be
removed from office as provided by law, but not by impeachment.
SECTION 3. (1) The House of Representatives shall have the exclusive
power to initiate all cases of impeachment.
(2) A verified complaint for impeachment may be filed by any Member of
the House of Representatives or by any citizen upon a resolution of endorsement
by any Member thereof, which shall be included in the Order of Business within
ten session days, and referred to the proper Committee within three session days
thereafter. The Committee, after hearing, and by a majority vote of all its
Members, shall submit its report to the House within sixty session days from such
referral, together with the corresponding resolution. The resolution shall be
calendared for consideration by the House within ten session days from receipt
thereof.
(3) A vote of at least one-third of all the Members of the House shall be
necessary either to affirm a favorable resolution with the Articles of
Impeachment of the Committee, or override its contrary resolution. The vote of
each Member shall be recorded.
(4) In case the verified complaint or resolution of impeachment is filed by
at least one-third of all the Members of the House, the same shall constitute the
Articles of Impeachment, and trial by the Senate shall forthwith proceed.
(5) No impeachment proceedings shall be initiated against the same official
more than once within a period of one year.
(6) The Senate shall have the sole power to try and decide all cases of
impeachment. When sitting for that purpose, the Senators shall be on oath or
affirmation. When the President of the Philippines is on trial, the Chief Justice of
the Supreme Court shall preside, but shall not vote. No person shall be convicted
without the concurrence of two-thirds of all the Members of the Senate.
(7) Judgment in cases of impeachment shall not extend further than
removal from office and disqualification to hold any office under the Republic of
the Philippines, but the party convicted shall nevertheless be liable and subject to
prosecution, trial, and punishment according to law.
(8) The Congress shall promulgate its rules on impeachment to effectively
carry out the purpose of this section.
SECTION 4. The present anti-graft court known as the Sandiganbayan shall
continue to function and exercise its jurisdiction as now or hereafter may be
provided by law.
SECTION 5. There is hereby created the independent Office of the
Ombudsman, composed of the Ombudsman to be known as Tanodbayan, one
overall Deputy and at least one Deputy each for Luzon, Visayas, and Mindanao. A
separate Deputy for the military establishment may likewise be appointed.
SECTION 6. The officials and employees of the Office of the Ombudsman,
other than the Deputies, shall be appointed by the Ombudsman according to the
Civil Service Law.
SECTION 7. The existing Tanodbayan shall hereafter be known as the Office
of the Special Prosecutor. It shall continue to function and exercise its powers as
now or hereafter may be provided by law, except those conferred on the Office of
the Ombudsman created under this Constitution.
SECTION 8. The Ombudsman and his Deputies shall be natural-born
citizens of the Philippines, and at the time of their appointment, at least forty
years old, of recognized probity and independence, and members of the Philippine
Bar, and must not have been candidates for any elective office in the
immediately preceding election. The Ombudsman must have for ten years or
more been a judge or engaged in the practice of law in the Philippines.
During their tenure, they shall be subject to the same disqualifications and
prohibitions as provided for in Section 2 of Article IX-A of this Constitution.
SECTION 9. The Ombudsman and his Deputies shall be appointed by the
President from a list of at least six nominees prepared by the Judicial and Bar
Council, and from a list of three nominees for every vacancy thereafter. Such
appointments shall require no confirmation. All vacancies shall be filled within
three months after they occur.
SECTION 10. The Ombudsman and his Deputies shall have the rank of
Chairman and Members, respectively, of the Constitutional Commissions, and
they shall receive the same salary, which shall not be decreased during their
term of office.
SECTION 11. The Ombudsman and his Deputies shall serve for a term of
seven years without reappointment. They shall not be qualified to run for any
office in the election immediately succeeding their cessation from office.
SECTION 12. The Ombudsman and his Deputies, as protectors of the
people, shall act promptly on complaints filed in any form or manner against
public officials or employees of the Government, or any subdivision, agency or
instrumentality thereof, including government-owned or controlled corporations,
and shall, in appropriate cases, notify the complainants of the action taken and
the result thereof.
SECTION 13. The Office of the Ombudsman shall have the following
powers, functions, and duties:
(2) Direct, upon complaint or at its own instance, any public official or
employee of the Government, or any subdivision, agency or
instrumentality thereof, as well as of any government-owned or
controlled corporation with original charter, to perform and
expedite any act or duty required by law, or to stop, prevent, and
correct any abuse or impropriety in the performance of duties.
(3) Direct the officer concerned to take appropriate action against a
public official or employee at fault, and recommend his removal,
suspension, demotion, fine, censure, or prosecution, and ensure
compliance therewith.
(4) Direct the officer concerned, in any appropriate case, and subject to
such limitations as may be provided by law, to furnish it with
copies of documents relating to contracts or transactions entered
into by his office involving the disbursement or use of public
funds or properties, and report any irregularity to the
Commission on Audit for appropriate action.
(8) Promulgate its rules of procedure and exercise such other powers or
perform such functions or duties as may be provided by law.
SECTION 14. The Office of the Ombudsman shall enjoy fiscal autonomy. Its
approved annual appropriations shall be automatically and regularly released.
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.
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.
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.
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 fishworkers in rivers, lakes, bays, and lagoons.
The President may enter into agreements with foreign-owned corporations
involving either technical or financial assistance for large-scale exploration,
development, and utilization of minerals, petroleum, and other mineral oils
according to the general terms and conditions provided by law, based on real
contributions to the economic growth and general welfare of the country. In such
agreements, the State shall promote the development and use of local scientific
and technical resources.
The President shall notify the Congress of every contract entered into in
accordance with this provision, within thirty days from its execution.
SECTION 3. Lands of the public domain are classified into agricultural,
forest or timber, mineral lands, and national parks. Agricultural lands of the
public domain may be further classified by law according to the uses which they
may be devoted. Alienable lands of the public domain shall be limited to
agricultural lands. Private corporations or associations may not hold such
alienable lands of the public domain except by lease, for a period not exceeding
twenty-five years, renewable for not more than twenty-five years, and not to
exceed one thousand hectares in area. Citizens of the Philippines may lease not
more than five hundred hectares, or acquire not more than twelve hectares
thereof by purchase, homestead, or grant.
Taking into account the requirements of conservation, ecology, and
development, and subject to the requirements of agrarian reform, the Congress
shall determine, by law, the size of lands of the public domain which may be
acquired, developed, held, or leased and the conditions therefor.
SECTION 4. The Congress shall, as soon as possible, determine by law the
specific limits of forest lands and national parks, marking clearly their boundaries
on the ground. Thereafter, such forest lands and national parks shall be
conserved and may not be increased nor diminished, except by law. The Congress
shall provide, for such period as it may determine, measures to prohibit logging
in endangered forests and watershed areas.
SECTION 5. The State, subject to the provisions of this Constitution and
national development policies and programs, shall protect the rights of
indigenous cultural communities to their ancestral lands to ensure their
economic, social, and cultural well-being.
The Congress may provide for the applicability of customary laws governing
property rights or relations in determining the ownership and extent of ancestral
domain.
SECTION 6. The use of property bears a social function, and all economic
agents shall contribute to the common good. Individuals and private groups,
including corporations, cooperatives, and similar collective organizations, shall
have the right to own, establish, and operate economic enterprises, subject to the
duty of the State to promote distributive justice and to intervene when the
common good so demands.
SECTION 7. Save in cases of hereditary succession, no private lands shall be
transferred or conveyed except to individuals, corporations, or associations
qualified to acquire or hold lands of the public domain.
SECTION 8. Notwithstanding the provisions of Section 7 of this Article, a
natural-born citizen of the Philippines who has lost his Philippine citizenship may
be a transferee of private lands, subject to limitations provided by law.
SECTION 9. The Congress may establish an independent economic and
planning agency headed by the President, which shall, after consultations with
the appropriate public agencies, various private sectors, and local government
units, recommend to Congress, and implement continuing integrated and
coordinated programs and policies for national development.
Until the Congress provides otherwise, the National Economic and
Development Authority shall function as the independent planning agency of the
government.
SECTION 10. The Congress shall, upon recommendation of the economic
and planning agency, when the national interest dictates, reserve to citizens of
the Philippines or to corporations or associations at least sixty per centum of
whose capital is owned by such citizens, or such higher percentage as Congress
may prescribe, certain areas of investments. The Congress shall enact measures
that will encourage the formation and operation of enterprises whose capital is
wholly owned by Filipinos.
In the grant of rights, privileges, and concessions covering the national
economy and patrimony, the State shall give preference to qualified Filipinos.
The State shall regulate and exercise authority over foreign investments
within its national jurisdiction and in accordance with its national goals and
priorities.
SECTION 11. No franchise, certificate, or any other form of authorization for
the operation of a public utility shall be granted except to citizens of the
Philippines or to corporations or associations organized under the laws of the
Philippines at least sixty per centum of whose capital is owned by such citizens,
nor shall such franchise, certificate, or authorization be exclusive in character or
for a longer period than fifty years. Neither shall any such franchise or right be
granted except under the condition that it shall be subject to amendment,
alteration, or repeal by the Congress when the common good so requires. The
State shall encourage equity participation in public utilities by the general public.
The participation of foreign investors in the governing body of any public utility
enterprise shall be limited to their proportionate share in its capital, and all the
executive and managing officers of such corporation or association must be
citizens of the Philippines.
SECTION 12. The State shall promote the preferential use of Filipino labor,
domestic materials and locally produced goods, and adopt measures that help
make them competitive.
SECTION 13. The State shall pursue a trade policy that serves the general
welfare and utilizes all forms and arrangements of exchange on the basis of
equality and reciprocity.
SECTION 14. The sustained development of a reservoir of national talents
consisting of Filipino scientists, entrepreneurs, professionals, managers, high-
level technical manpower and skilled workers and craftsmen in all fields shall be
promoted by the State. The State shall encourage appropriate technology and
regulate its transfer for the national benefit.
The practice of all professions in the Philippines shall be limited to Filipino
citizens, save in cases prescribed by law.
SECTION 15. The Congress shall create an agency to promote the viability
and growth of cooperatives as instruments for social justice and economic
development.
SECTION 16. The Congress shall not, except by general law, provide for the
formation, organization, or regulation of private corporations. Government-
owned or controlled corporations may be created or established by special
charters in the interest of the common good and subject to the test of economic
viability.
SECTION 17. In times of national emergency, when the public interest so
requires, the State may, during the emergency and under reasonable terms
prescribed by it, temporarily take over or direct the operation of any privately
owned public utility or business affected with public interest.
SECTION 18. The State may, in the interest of national welfare or defense,
establish and operate vital industries and, upon payment of just compensation,
transfer to public ownership utilities and other private enterprises to be operated
by the Government.
SECTION 19. The State shall regulate or prohibit monopolies when the
public interest so requires. No combinations in restraint of trade or unfair
competition shall be allowed.
SECTION 20. The Congress shall establish an independent central monetary
authority, the members of whose governing board must be natural-born Filipino
citizens, of known probity, integrity, and patriotism, the majority of whom shall
come from the private sector. They shall also be subject to such other
qualifications and disabilities as may be prescribed by law. The authority shall
provide policy direction in the areas of money, banking, and credit. It shall have
supervision over the operations of banks and exercise such regulatory powers as
may be provided by law over the operations of finance companies and other
institutions performing similar functions.
Until the Congress otherwise provides, the Central Bank of the Philippines,
operating under existing laws, shall function as the central monetary authority.
SECTION 21. Foreign loans may only be incurred in accordance with law
and the regulation of the monetary authority. Information on foreign loans
obtained or guaranteed by the Government shall be made available to the public.
SECTION 22. Acts which circumvent or negate any of the provisions of this
Article shall be considered inimical to the national interest and subject to criminal
and civil sanctions, as may be provided by law.
ARTICLE XIII
Social Justice and Human Rights
SECTION 1. The Congress shall give highest priority to the enactment of
measures that protect and enhance the right of all the people to human dignity,
reduce social, economic, and political inequalities, and remove cultural inequities
by equitably diffusing wealth and political power for the common good.
To this end, the State shall regulate the acquisition, ownership, use, and
disposition of property and its increments.
SECTION 2. The promotion of social justice shall include the commitment to
create economic opportunities based on freedom of initiative and self-reliance.
Labor
SECTION 3. The State shall afford full protection to labor, local and
overseas, organized and unorganized, and promote full employment and equality
of employment opportunities for all.
It shall guarantee the rights of all workers to self-organization, collective
bargaining and negotiations, and peaceful concerted activities, including the right
to strike in accordance with law. They shall be entitled to security of tenure,
humane conditions of work, and a living wage. They shall also participate in
policy and decision-making processes affecting their rights and benefits as may
be provided by law.
The State shall promote the principle of shared responsibility between
workers and employers and the preferential use of voluntary modes in settling
disputes, including conciliation, and shall enforce their mutual compliance
therewith to foster industrial peace.
The State shall regulate the relations between workers and employers,
recognizing the right of labor to its just share in the fruits of production and the
right of enterprises to reasonable returns on investments, and to expansion and
growth.
Agrarian and Natural Resources Reform
SECTION 4. The State shall, by law, undertake an agrarian reform program
founded on the right of farmers and regular farmworkers, who are landless, to
own directly or collectively the lands they till or, in the case of other
farmworkers, to receive a just share of the fruits thereof. To this end, the State
shall encourage and undertake the just distribution of all agricultural lands,
subject to such priorities and reasonable retention limits as the Congress may
prescribe, taking into account ecological, developmental, or equity considerations,
and subject to the payment of just compensation. In determining retention
limits, the State shall respect the right of small landowners. The State shall
further provide incentives for voluntary land-sharing.
SECTION 5. The State shall recognize the right of farmers, farmworkers,
and landowners, as well as cooperatives, and other independent farmers'
organizations to participate in the planning, organization, and management of
the program, and shall provide support to agriculture through appropriate
technology and research, and adequate financial, production, marketing, and
other support services.
SECTION 6. The State shall apply the principles of agrarian reform or
stewardship, whenever applicable in accordance with law, in the disposition or
utilization of other natural resources, including lands of the public domain under
lease or concession suitable to agriculture, subject to prior rights, homestead
rights of small settlers, and the rights of indigenous communities to their
ancestral lands.
The State may resettle landless farmers and farmworkers in its own
agricultural estates which shall be distributed to them in the manner provided by
law.
SECTION 7. The State shall protect the rights of subsistence fishermen,
especially of local communities, to the preferential use of local marine and fishing
resources, both inland and offshore. It shall provide support to such fishermen
through appropriate technology and research, adequate financial, production, and
marketing assistance, and other services. The State shall also protect, develop,
and conserve such resources. The protection shall extend to offshore fishing
grounds of subsistence fishermen against foreign intrusion. Fishworkers shall
receive a just share from their labor in the utilization of marine and fishing
resources.
SECTION 8. The State shall provide incentives to landowners to invest the
proceeds of the agrarian reform program to promote industrialization,
employment creation, and privatization of public sector enterprises. Financial
instruments used as payment for their lands shall be honored as equity in
enterprises of their choice.
Urban Land Reform and Housing
SECTION 9. The State shall, by law, and for the common good, undertake,
in cooperation with the public sector, a continuing program of urban land reform
and housing which will make available at affordable cost decent housing and
basic services to underprivileged and homeless citizens in urban centers and
resettlements 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
dwellings demolished, except in accordance with law and in a just and humane
manner.
No resettlement of urban or rural dwellers shall be undertaken without
adequate consultation with them and the communities where they are to be
relocated.
Health
SECTION 11. The State shall adopt an integrated and comprehensive
approach to health development which shall endeavor to make essential goods,
health and other social services available to all the people at affordable cost.
There shall be priority for the needs of the underprivileged sick, elderly, disabled,
women, and children. The State shall endeavor to provide free medical care to
paupers.
SECTION 12. The State shall establish and maintain an effective food and
drug regulatory system and undertake appropriate health manpower
development and research, responsive to the country's health needs and
problems.
SECTION 13. The State shall establish a special agency for disabled persons
for rehabilitation, self-development and self-reliance, and their integration into
the mainstream of society.
Women
SECTION 14. The State shall protect working women by providing safe and
healthful working conditions, taking into account their maternal functions, and
such facilities and opportunities that will enhance their welfare and enable them
to realize their full potential in the service of the nation.
Role and Rights of People's Organizations
SECTION 15. The State shall respect the role of independent people's
organizations to enable the people to pursue and protect, within the democratic
framework, their legitimate and collective interests and aspirations through
peaceful and lawful means.
People's organizations are bona fide associations of citizens with
demonstrated capacity to promote the public interest and with identifiable
leadership, membership, and structure.
SECTION 16. The right of the people and their organizations to effective
and reasonable participation at all levels of social, political, and economic
decision-making shall not be abridged. The State shall, by law, facilitate the
establishment of adequate consultation mechanisms.
Human Rights
SECTION 17. (1) There is hereby created an independent office called the
Commission on Human Rights.
(2) The Commission shall be composed of a Chairman and four Members
who must be natural-born citizens of the Philippines and a majority of whom
shall be members of the Bar. The term of office and other qualifications and
disabilities of the Members of the Commission shall be provided by law.
(3) Until this Commission is constituted, the existing Presidential
Committee on Human Rights shall continue to exercise its present functions and
powers.
(4) The approved annual appropriations of the Commission shall be
automatically and regularly released.
SECTION 18. The Commission on Human Rights shall have the following
powers and functions:
(2) Adopt its operational guidelines and rules of procedure, and cite for
contempt for violations thereof in accordance with the Rules of
Court;
(10) Appoint its officers and employees in accordance with law; and
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:
(5) Provide adult citizens, the disabled, and out-of-school youth with
training in civics, vocational efficiency, and other skills.
SECTION 3. (1) All educational institutions shall include the study of the
Constitution as part of the curricula.
(2) They shall inculcate patriotism and nationalism, foster love of
humanity, respect for human rights, appreciation of the role of national heroes in
the historical development of the country, teach the rights and duties of
citizenship, strengthen ethical and spiritual values, develop moral character and
personal discipline, encourage critical and creative thinking, broaden scientific
and technological knowledge, and promote vocational efficiency.
(3) At the option expressed in writing by the parents or guardians, religion
shall be allowed to be taught to their children or wards in public elementary and
high schools within the regular class hours by instructors designated or approved
by the religious authorities of the religion to which the children or wards belong,
without additional cost to the Government.
SECTION 4. (1) The State recognizes the complementary roles of public and
private institutions in the educational system and shall exercise reasonable
supervision and regulation of all educational institutions.
(2) Educational institutions, other than those established by religious
groups and mission boards, shall be owned solely by citizens of the Philippines or
corporations or associations at least sixty per centum of the capital of which is
owned by such citizens. The Congress may, however, require increased Filipino
equity participation in all educational institutions.
The control and administration of educational institutions shall be vested in
citizens of the Philippines.
No educational institution shall be established exclusively for aliens and no
group of aliens shall comprise more than one-third of the enrollment in any
school. The provisions of this 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.
(3) All revenues and assets of non-stock, non-profit educational institutions
used actually, directly, and exclusively for educational purposes shall be exempt
from taxes and duties. Upon the dissolution or cessation of the corporate
existence of such institutions, their assets shall be disposed of in the manner
provided by law.
Proprietary educational institutions, including those cooperatively owned,
may likewise be entitled to such exemptions subject to the limitations provided
by law including restrictions on dividends and provisions for reinvestment.
(4) Subject to conditions prescribed by law, all grants, endowments,
donations, or contributions used actually, directly, and exclusively for educational
purposes shall be exempt from tax.
SECTION 5. (1) The State shall take into account regional and sectoral
needs and conditions and shall encourage local planning in the development of
educational policies and programs.
(2) Academic freedom shall be enjoyed in all institutions of higher learning.
(3) Every citizen has a right to select a profession or course of study, subject
to fair, reasonable, and equitable admission and academic requirements.
(4) The State shall enhance the right of teachers to professional
advancement. Non-teaching academic and non-academic personnel shall enjoy
the protection of the State.
(5) The State shall assign the highest budgetary priority to education and
ensure that teaching will attract and retain its rightful share of the best available
talents through adequate remuneration and other means of job satisfaction and
fulfillment.
Language
SECTION 6. The national language of the Philippines is Filipino. As it
evolves, it shall be further developed and enriched on the basis of existing
Philippine and other languages.
Subject to provisions of law and as the Congress may deem appropriate,
the Government shall take steps to initiate and sustain the use of Filipino as a
medium of official communication and as language of instruction in the
educational system.
SECTION 7. For purposes of communication and instruction, the official
languages of the Philippines are Filipino and, until otherwise provided by law,
English.
The regional languages are the auxiliary official languages in the regions
and shall serve as auxiliary media of instruction therein.
Spanish and Arabic shall be promoted on a voluntary and optional basis.
SECTION 8. This Constitution shall be promulgated in Filipino and English
and shall be translated into major regional languages, Arabic, and Spanish.
SECTION 9. The Congress shall establish a national language commission
composed of representatives of various regions and disciplines which shall
undertake, coordinate, and promote researches for the development,
propagation, and preservation of Filipino and other languages.
Science and Technology
SECTION 10. Science and technology are essential for national
development and progress. The State shall give priority to research and
development, invention, innovation, and their utilization; and to science and
technology education, training, and services. It shall support indigenous,
appropriate, and self-reliant scientific and technological capabilities, and their
application to the country's productive systems and national life.
SECTION 11. The Congress may provide for incentives, including tax
deductions, to encourage private participation in programs of basic and applied
scientific research. Scholarships, grants-in-aid, or other forms of incentives shall
be provided to deserving science students, researchers, scientists, inventors,
technologists, and specially gifted citizens.
SECTION 12. The State shall regulate the transfer and promote the
adaptation of technology from all sources for the national benefit. It shall
encourage the widest participation of private groups, local governments, and
community-based organizations in the generation and utilization of science and
technology.
SECTION 13. The State shall protect and secure the exclusive rights of
scientists, inventors, artists, and other gifted citizens to their intellectual property
and creations, particularly when beneficial to the people, for such period as may
be provided by law.
Arts and Culture
SECTION 14. The State shall foster the preservation, enrichment, and
dynamic evolution of a Filipino national culture based on the principle of unity in
diversity in a climate of free artistic and intellectual expression.
SECTION 15. Arts and letters shall enjoy the patronage of the State. The
State shall conserve, promote, and popularize the nation's historical and cultural
heritage and resources, as well as artistic creations.
SECTION 16. All the country's artistic and historic wealth constitutes the
cultural treasure of the nation and shall be under the protection of the State
which may regulate its disposition.
SECTION 17. The State shall recognize, respect, and protect the rights of
indigenous cultural communities to preserve and develop their cultures,
traditions, and institutions. It shall consider these rights in the formulation of
national plans and policies.
SECTION 18. (1) The State shall ensure equal access to cultural
opportunities through the educational system, public or private cultural entities,
scholarships, grants and other incentives, and community cultural centers, and
other public venues.
(2) The State shall encourage and support researches and studies on the
arts and culture.
Sports
SECTION 19. (1) The State shall promote physical education and encourage
sports programs, league competitions, and amateur sports, including training for
international competitions, to foster self-discipline, teamwork, and excellence for
the development of a healthy and alert citizenry.
(2) All educational institutions shall undertake regular sports activities
throughout the country in cooperation with athletic clubs and other sectors.
ARTICLE XV
The Family
SECTION 1. The State recognizes the Filipino family as the foundation of
the nation. Accordingly, it shall strengthen its solidarity and actively promote its
total development.
SECTION 2. Marriage, as an inviolable social institution, is the foundation of
the family and shall be protected by the State.
SECTION 3. The State shall defend:
(3) The right of the family to a family living wage and income; and
SECTION 4. The family has the duty to care for its elderly members but the
State may also do so through just programs of social security.
ARTICLE XVI
General Provisions
SECTION 1. The flag of the Philippines shall be red, white, and blue, with a
sun and three stars, as consecrated and honored by the people and recognized by
law.
SECTION 2. The Congress may, by law, adopt a new name for the country,
a national anthem, or a national seal, which shall all be truly reflective and
symbolic of the ideals, history, and traditions of the people. Such law shall take
effect only upon its ratification by the people in a national referendum.
SECTION 3. The State may not be sued without its consent.
SECTION 4. The Armed Forces of the Philippines shall be composed of a
citizen armed force which shall undergo military training and serve, as may be
provided by law. It shall keep a regular force necessary for the security of the
State.
SECTION 5. (1) All members of the armed forces shall take an oath or
affirmation to uphold and defend this Constitution.
(2) The State shall strengthen the patriotic spirit and nationalist
consciousness of the military, and respect for people's rights in the performance
of their duty.
(3) Professionalism in the armed forces and adequate remuneration and
benefits of its members shall be a prime concern of the State. The armed forces
shall be insulated from partisan politics.
No member of the military shall engage directly or indirectly in any
partisan political activity, except to vote.
(4) No member of the armed forces in the active service shall, at any time,
be appointed or designated in any capacity to a civilian position in the
Government including government-owned or controlled corporations or any of
their subsidiaries.
(5) Laws on retirement of military officers shall not allow extension of their
service.
(6) The officers and men of the regular force of the armed forces shall be
recruited proportionately from all provinces and cities as far as practicable.
(7) The tour of duty of the Chief of Staff of the armed forces shall not
exceed three years. However, in times of war or other national emergency
declared by the Congress, the President may extend such tour of duty.
SECTION 6. The State shall establish and maintain one police force, which
shall be national in scope and civilian in character, to be administered and
controlled by a national police commission. The authority of local executives over
the police units in their jurisdiction shall be provided by law.
SECTION 7. The State shall provide immediate and adequate care, benefits,
and other forms of assistance to war veterans and veterans of military
campaigns, their surviving spouses and orphans. Funds shall be provided therefor
and due consideration shall be given them in the disposition of agricultural lands
of the public domain and, in appropriate cases, in the utilization of natural
resources.
SECTION 8. The State shall, from time to time, review to upgrade the
pensions and other benefits due to retirees of both the government and the
private sectors.
SECTION 9. The State shall protect consumers from trade malpractices and
from substandard or hazardous products.
SECTION 10. The State shall provide the policy environment for the full
development of Filipino capability and the emergence of communication
structures suitable to the needs and aspirations of the nation and the balanced
flow of information into, out of, and across the country, in accordance with a
policy that respects the freedom of speech and of the press.
SECTION 11. (1) The ownership and management of mass media shall be
limited to citizens of the Philippines, or to corporations, cooperatives or
associations, wholly-owned and managed by such citizens.
The Congress shall regulate or prohibit monopolies in commercial mass
media when the public interest so requires. No combinations in restraint of trade
or unfair competition therein shall be allowed.
(2) The advertising industry is impressed with public interest, and shall be
regulated by law for the protection of consumers and the promotion of the
general welfare.
Only Filipino citizens or corporations or associations at least seventy per
centum of the capital of which is owned by such citizens shall be allowed to
engage in the advertising industry.
The participation of foreign investors in the governing body of entities in
such industry shall be limited to their proportionate share in the capital thereof,
and all the executive and managing officers of such entities must be citizens of
the Philippines.
SECTION 12. The Congress may create a consultative body to advise the
President on policies affecting indigenous cultural communities, the majority of
the members of which shall come from such communities.
ARTICLE XVII
Amendments or Revisions
SECTION 1. Any amendment to, or revision of, this Constitution may be
proposed by:
SECTION 14. The provisions of paragraphs (3) and (4), Section 15 of Article
VIII of this Constitution shall apply to cases or matters filed before the ratification
of this Constitution, when the applicable period lapses after such ratification.
SECTION 15. The incumbent Members of the Civil Service Commission, the
Commission on Elections, and the Commission on Audit shall continue in office
for one year after the ratification of this Constitution, unless they are sooner
removed for cause or become incapacitated to discharge the duties of their office
or appointed to a new term thereunder. In no case shall any Member serve
longer than seven years including service before the ratification of this
Constitution.
SECTION 16. Career civil service employees separated from the service not
for cause but as a result of the reorganization pursuant to Proclamation No. 3
dated March 25, 1986 and the reorganization following the ratification of this
Constitution shall be entitled to appropriate separation pay and to retirement
and other benefits accruing to them under the laws of general application in force
at the time of their separation. In lieu thereof, at the option of the employees,
they may be considered for employment in the Government or in any of its
subdivisions, instrumentalities, or agencies, including government-owned or
controlled corporations and their subsidiaries. This provision also applies to career
officers whose resignation, tendered in line with the existing policy, had been
accepted.
SECTION 17. Until the Congress provides otherwise, the President shall
receive an annual salary of three hundred thousand pesos; the Vice-President,
the President of the Senate, the Speaker of the House of Representatives, and
the Chief Justice of the Supreme Court, two hundred forty thousand pesos each;
the Senators, the Members of the House of Representatives, the Associate
Justices of the Supreme Court, and the Chairmen of the Constitutional
Commissions, two hundred four thousand pesos each; and the Members of the
Constitutional Commissions, one hundred eighty thousand pesos each.
SECTION 18. At the earliest possible time, the Government shall increase
the salary scales of the other officials and employees of the National
Government.
SECTION 19. All properties, records, equipment, buildings, facilities, and
other assets of any office or body abolished or reorganized under Proclamation
No. 3 dated March 25, 1986 or this Constitution shall be transferred to the office
or body to which its powers, functions, and responsibilities substantially pertain.
SECTION 20. The first Congress shall give priority to the determination of
the period for the full implementation of free public secondary education.
SECTION 21. The Congress shall provide efficacious procedures and
adequate remedies for the reversion to the State of all lands of the public domain
and real rights connected therewith which were acquired in violation of the
Constitution or the public land laws, or through corrupt practices. No transfer or
disposition of such lands or real rights shall be allowed until after the lapse of one
year from the ratification of this Constitution.
SECTION 22. At the earliest possible time, the Government shall
expropriate idle or abandoned agricultural lands as may be defined by law, for
distribution to the beneficiaries of the agrarian reform program.
SECTION 23. Advertising entities affected by paragraph (2), Section 11 of
Article XVI of this Constitution shall have five years from its ratification to
comply on a graduated and proportionate basis with the minimum Filipino
ownership requirement therein.
SECTION 24. Private armies and other armed groups not recognized by duly
constituted authority shall be dismantled. All paramilitary forces including
Civilian Home Defense Forces not consistent with the citizen armed force
established in this Constitution, shall be dissolved or, where appropriate,
converted into the regular force.
SECTION 25. After the expiration in 1991 of the Agreement between the
Republic of the Philippines and the United States of America concerning Military
Bases, foreign military bases, troops, or facilities shall not be allowed in the
Philippines except under a treaty duly concurred in by the Senate and, when the
Congress so requires, ratified by a majority of the votes cast by the people in a
national referendum held for that purpose, and recognized as a treaty by the
other contracting State.
SECTION 26. The authority to issue sequestration or freeze orders under
Proclamation No. 3 dated March 25, 1986 in relation to the recovery of ill-gotten
wealth shall remain operative for not more than eighteen months after the
ratification of this Constitution. However, in the national interest, as certified by
the President, the Congress may extend said period.
A sequestration or freeze order shall be issued only upon showing of a
prima facie case. The order and the list of the sequestered or frozen properties
shall forthwith be registered with the proper court. For orders issued before the
ratification of this Constitution, the corresponding judicial action or proceeding
shall be filed within six months from its ratification. For those issued after such
ratification, the judicial action or proceeding shall be commenced within six
months from the issuance thereof.
The sequestration or freeze order is deemed automatically lifted if no
judicial action or proceeding is commenced as herein provided.
SECTION 27. This Constitution shall take effect immediately upon its
ratification by a majority of the votes cast in a plebiscite held for the purpose and
shall supersede all previous Constitutions.