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
Principles
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.
State Policies
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
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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 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 20. The State recognizes the indispensable role of the private
sector, encourages private enterprise, and provides incentives to needed investments.
SECTION 22. The State recognizes and promotes the rights of indigenous
cultural communities within the framework of national unity and development.
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 27. The State shall maintain honesty and integrity in the public
service and take positive and effective measures against graft and corruption.
ARTICLE III
Bill of Rights
(2) Any evidence obtained in violation of this or the preceding section shall
be inadmissible for any purpose in any proceeding.
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 9. Private property shall not be taken for public use without
just compensation.
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.
(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
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 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.
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
Suffrage
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
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.
(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.
(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.
No member of the House of Representatives shall serve for more than three
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.
(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.
(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
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 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
(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 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.
(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.
(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
(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.
(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.
(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.
ARTICLE VII
Executive Department
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
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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.
If a President shall not have been chosen, the Vice-President-elect shall act as
President until a President shall have been chosen and qualified.
If at the beginning of the term of the President, the President-elect shall have
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died or shall have become permanently disabled, the Vice-President-elect shall
become President.
Where no President and Vice-President shall have been chosen or shall have
qualified, or where both shall have died or become permanently disabled, the
President of the Senate or, in case of his inability, the Speaker of the House of
Representatives shall act as President until a President or a Vice-President shall have
been chosen and qualified.
The Congress shall, by law, provide for the manner in which one who is to act
as President shall be selected until a President or a Vice-President shall have
qualified, in case of death, permanent disability, or inability of the officials mentioned
in the next preceding paragraph.
The Congress shall, by law, provide who shall serve as President in case of
death, permanent disability, or resignation of the Acting President. He shall serve
until the President or the Vice-President shall have been elected and qualified, and be
subject to the same restrictions of powers and disqualifications as the Acting
President.
SECTION 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 VI of this Constitution and shall become law upon its approval
on third reading by the Congress. Appropriations for the special election shall be
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charged against any current appropriations and shall be exempt from the requirements
of paragraph 4, Section 25, Article VI 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.
Thereafter, when the President transmits to the President of the Senate and to
the Speaker of the House of Representatives his written declaration that no inability
exists, he shall reassume the powers and duties of his office. Meanwhile, should a
majority of all the Members of the Cabinet transmit within five days to the President
of the Senate and to the Speaker of the House of Representatives their written
declaration that the President is unable to discharge the powers and duties of his
office, the Congress shall decide the issue. For that purpose, the Congress shall
convene, if it is not in session, within forty-eight hours, in accordance with its rules
and without need of call.
If the Congress, within ten days after receipt of the last written declaration, or,
if not in session, within twelve days after it is required to assemble, determines by a
two-thirds vote of both Houses, voting separately, that the President is unable to
discharge the powers and duties of his office, the Vice-President shall act as 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.
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 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
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executed.
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.
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.
He shall also have the power to grant amnesty with the concurrence of a
majority of all the Members of the Congress.
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
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.
(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.
(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.
SECTION 8. (1) A Judicial and Bar Council is hereby created under the
supervision of the Supreme Court composed of the Chief Justice as ex officio
Chairman, the Secretary of Justice, and a representative of the Congress as ex officio
Members, a representative of the Integrated Bar, a professor of law, a retired Member
of the Supreme Court, and a representative of the private sector.
(2) The regular Members of the Council shall be appointed by the President
for a term of four years with the consent of the Commission on Appointments. Of the
Members first appointed, the representative of the Integrated Bar shall serve for four
years, the professor of law for three years, the retired Justice for two years, and the
representative of the private sector for one year.
(3) The Clerk of the Supreme Court shall be the Secretary ex officio of the
Council and shall keep a record of its proceedings.
(4) The regular Members of the Council shall receive such emoluments as
may be determined by the Supreme Court. The Supreme Court shall provide in its
annual budget the appropriations for the Council.
For the lower courts, the President shall issue the appointments within ninety
days from the submission of the list.
SECTION 11. The Members of the Supreme Court and judges of lower
courts shall hold office during good behavior until they reached 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.
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.
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.
(4) Despite the expiration of the applicable mandatory period, the court,
without prejudice to such responsibility as may have been incurred in consequence
thereof, shall decide or resolve the case or matter submitted thereto for determination,
without further delay.
SECTION 16. The Supreme Court shall, within thirty days from the
opening of each regular session of the Congress, submit to the President and the
Congress an annual report on the operations and activities of the Judiciary.
ARTICLE IX
Constitutional Commissions
A. Common Provisions
(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.
(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.
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.
(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.
(1) Enforce and administer all laws and regulations relative to the
conduct of an election, plebiscite, initiative, referendum, and
recall.
SECTION 10. Bona fide candidates for any public office shall be free from
any form of harassment and discrimination.
D. Commission on Audit
(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.
(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.
ARTICLE X
Local Government
General Provisions
SECTION 5. Each local government unit shall have the power to create
its own sources of revenues and to levy taxes, fees, and charges subject to such
guidelines and limitations as the Congress may provide, consistent with the basic
policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the
local governments.
SECTION 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.
Autonomous Region
SECTION 19. The first Congress elected under this Constitution shall,
within eighteen months from the time of organization of both Houses, pass the
organic acts for the autonomous regions in Muslim Mindanao and the Cordilleras.
(9) Such other matters as may be authorized by law for the promotion
of the general welfare of the people of the region.
(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.
(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.
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 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 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.
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(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.
SECTION 15. The right of the State to recover properties unlawfully
acquired by public officials or employees, from them or from their nominees or
transferees, shall not be barred by prescription, laches, or estoppel.
SECTION 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
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.
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.
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 President shall notify the Congress of every contract entered into in
accordance with this provision, within thirty days from its execution.
The Congress may provide for the applicability of customary laws governing
property rights or relations in determining the ownership and extent of ancestral
domain.
The State shall regulate and exercise authority over foreign investments within
its national jurisdiction and in accordance with its national goals and priorities.
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 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 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.
Until the Congress otherwise provides, the Central Bank of the Philippines,
operating under existing laws, shall function as the central monetary authority.
ARTICLE XIII
To this end, the State shall regulate the acquisition, ownership, use, and
disposition of property and its increments.
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.
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 may resettle landless farmers and farmworkers in its own agricultural
estates which shall be distributed to them in the manner provided by law.
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.
Health
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 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.
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.
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
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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.
(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.
SECTION 5. (1) The State shall take into account regional and sectoral
needs and conditions and shall encourage local planning in the development of
(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
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.
The regional languages are the auxiliary official languages in the regions and
shall serve as auxiliary media of instruction therein.
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.
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,
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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.
ARTICLE XV
The Family
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 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.
(4) No member of the armed forces in the active service shall, at any time, be
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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 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 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.
(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.
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
The Congress shall provide for the implementation of the exercise of this right.
ARTICLE XVIII
Transitory Provisions
Of the Senators elected in the election of 1992, the first twelve obtaining the
highest number of votes shall serve for six years and the remaining twelve for three
years.
SECTION 10. All courts existing at the time of the ratification of this
Constitution shall continue to exercise their jurisdiction, until otherwise provided by
law. The provisions of the existing Rules of Court, judiciary acts, and procedural laws
not inconsistent with this Constitution shall remain operative unless amended or
repealed by the Supreme Court or the Congress.
SECTION 12. The Supreme Court shall, within one year after the
ratification of this Constitution, adopt a systematic plan to expedite the decision or
resolution of cases or matters pending in the Supreme Court or the lower courts prior
to the effectivity of this Constitution. A similar plan shall be adopted for all special
courts and quasi-judicial bodies.
SECTION 13. The legal effect of the lapse, before the ratification of this
Constitution, of the applicable period for the decision or resolution of the cases or
matters submitted for adjudication by the courts, shall be determined by the Supreme
Court as soon as practicable.
SECTION 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 20. The first Congress shall give priority to the determination of
the period for the full implementation of free public secondary education.
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 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.