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
The national territory comprises the Philippine SECTION 5. The maintenance of peace and
archipelago, with all the islands and waters order, the protection of life, liberty, and
embraced therein, and all other territories over property, and the promotion of the general
which the Philippines has sovereignty or welfare are essential for the enjoyment by all
jurisdiction, consisting of its terrestrial, fluvial, the people of the blessings of democracy.
and aerial domains, including its territorial sea,
the seabed, the subsoil, the insular shelves, SECTION 6. The separation of Church and
and other submarine areas. The waters State shall be inviolable.
around, between, and connecting the islands of
the archipelago, regardless of their breadth and State Policies
dimensions, form part of the internal waters of
the Philippines. SECTION 7. The State shall pursue an
independent foreign policy. In its relations with
ARTICLE II other states the paramount consideration shall
be national sovereignty, territorial integrity,
Declaration of Principles and State Policies national interest, and the right to self-
determination.
Principles
SECTION 8. The Philippines, consistent with
SECTION 1. The Philippines is a democratic the national interest, adopts and pursues a
and republican State. Sovereignty resides in policy of freedom from nuclear weapons in its
the people and all government authority territory.
emanates from them.
SECTION 9. The State shall promote a just
SECTION 2. The Philippines renounces war as and dynamic social order that will ensure the
an instrument of national policy, adopts the prosperity and independence of the nation and
generally accepted principles of international free the people from poverty through policies
law as part of the law of the land and adheres that provide adequate social services, promote
to the policy of peace, equality, justice, full employment, a rising standard of living, and
an improved quality of life for all.
THE 1987 CONSTITUTION: THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
SECTION 10. The State shall promote social SECTION 18. The State affirms labor as a
justice in all phases of national development. primary social economic force. It shall protect
the rights of workers and promote their welfare.
SECTION 11. The State values the dignity of
every human person and guarantees full SECTION 19. The State shall develop a self-
respect for human rights. reliant and independent national economy
effectively controlled by Filipinos.
SECTION 12. The State recognizes the
sanctity of family life and shall protect and SECTION 20. The State recognizes the
strengthen the family as a basic autonomous indispensable role of the private sector,
social institution. It shall equally protect the life encourages private enterprise, and provides
of the mother and the life of the unborn from incentives to needed investments.
conception. The natural and primary right and
duty of parents in the rearing of the youth for SECTION 21. The State shall promote
civic efficiency and the development of moral comprehensive rural development and agrarian
character shall receive the support of the reform.
Government.
SECTION 22. The State recognizes and
SECTION 13. The State recognizes the vital promotes the rights of indigenous cultural
role of the youth in nation-building and shall communities within the framework of national
promote and protect their physical, moral, unity and development.
spiritual, intellectual, and social well-being. It
shall inculcate in the youth patriotism and SECTION 23. The State shall encourage non-
nationalism, and encourage their involvement governmental, community-based, or sectoral
in public and civic affairs. organizations that promote the welfare of the
nation.
SECTION 14. The State recognizes the role of
women in nation-building, and shall ensure the SECTION 24. The State recognizes the vital
fundamental equality before the law of women role of communication and information in
and men. nation-building.
SECTION 15. The State shall protect and SECTION 25. The State shall ensure the
promote the right to health of the people and autonomy of local governments.
instill health consciousness among them.
SECTION 26. The State shall guarantee equal
SECTION 16. The State shall protect and access to opportunities for public service, and
advance the right of the people to a balanced prohibit political dynasties as may be defined
and healthful ecology in accord with the rhythm by law.
and harmony of nature.
SECTION 27. The State shall maintain honesty
SECTION 17. The State shall give priority to and integrity in the public service and take
education, science and technology, arts, positive and effective measures against graft
culture, and sports to foster patriotism and and corruption.
nationalism, accelerate social progress, and
promote total human liberation and SECTION 28. Subject to reasonable conditions
development. prescribed by law, the State adopts and
implements a policy of full public disclosure of
all its transactions involving public interest.
THE 1987 CONSTITUTION: THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
detention places, solitary, incommunicado, or SECTION 16. All persons shall have the right
other similar forms of detention are prohibited. to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.
(3) Any confession or admission obtained in
violation of this or Section 17 hereof shall be SECTION 17. No person shall be compelled to
inadmissible in evidence against him. be a witness against himself.
(4) The law shall provide for penal and civil SECTION 18. (1) No person shall be detained
sanctions for violations of this section as well solely by reason of his political beliefs and
as compensation to and rehabilitation of victims aspirations.
of torture or similar practices, and their families.
(2) No involuntary servitude in any form shall
SECTION 13. All persons, except those exist except as a punishment for a crime
charged with offenses punishable by reclusion whereof the party shall have been duly
perpetua when evidence of guilt is strong, convicted.
shall, before conviction, be bailable by
sufficient sureties, or be released on SECTION 19. (1) Excessive fines shall not be
recognizance as may be provided by law. The imposed, nor cruel, degrading or inhuman
right to bail shall not be impaired even when punishment inflicted. Neither shall death
the privilege of the writ of habeas corpus is penalty be imposed, unless, for compelling
suspended. Excessive bail shall not be reasons involving heinous crimes, the
required. Congress hereafter provides for it. Any death
penalty already imposed shall be reduced to
SECTION 14. (1) No person shall be held to reclusion perpetua.
answer for a criminal offense without due
process of law. (2) The employment of physical, psychological,
or degrading punishment against any prisoner
(2) In all criminal prosecutions, the accused or detainee or the use of substandard or
shall be presumed innocent until the contrary is inadequate penal facilities under subhuman
proved, and shall enjoy the right to be heard by conditions shall be dealt with by law.
himself and counsel, to be informed of the
nature and cause of the accusation against SECTION 20. No person shall be imprisoned
him, to have a speedy, impartial, and public for debt or non-payment of a poll tax.
trial, to meet the witnesses face to face, and to
have compulsory process to secure the SECTION 21. No person shall be twice put in
attendance of witnesses and the production of jeopardy of punishment for the same offense. If
evidence in his behalf. However, after an act is punished by a law and an ordinance,
arraignment, trial may proceed notwithstanding conviction or acquittal under either shall
the absence of the accused provided that he constitute a bar to another prosecution for the
has been duly notified and his failure to appear same act.
is unjustifiable.
SECTION 22. No ex post facto law or bill of
SECTION 15. The privilege of the writ of attainder shall be enacted.
habeas corpus shall not be suspended except
in cases of invasion or rebellion when the ARTICLE IV
public safety requires it.
Citizenship
THE 1987 CONSTITUTION: THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
SECTION 1. The following are citizens of the No literacy, property, or other substantive
Philippines: requirement shall be imposed on the exercise
of suffrage.
(1) Those who are citizens of the Philippines at
the time of the adoption of this Constitution; SECTION 2. The Congress shall provide a
system for securing the secrecy and sanctity of
(2) Those whose fathers or mothers are the ballot as well as a system for absentee
citizens of the Philippines; voting by qualified Filipinos abroad.
(3) Those born before January 17, 1973, of The Congress shall also design a procedure for
Filipino mothers, who elect Philippine the disabled and the illiterates to vote without
citizenship upon reaching the age of majority; the assistance of other persons. Until then,
and they shall be allowed to vote under existing
laws and such rules as the Commission on
(4) Those who are naturalized in accordance Elections may promulgate to protect the
with law. secrecy of the ballot.
SECTION 4. Citizens of the Philippines who SECTION 2. The Senate shall be composed of
marry aliens shall retain their citizenship, twenty-four Senators who shall be elected at
unless by their act or omission they are large by the qualified voters of the Philippines,
deemed, under the law, to have renounced it. as may be provided by law.
SECTION 1. Suffrage may be exercised by all SECTION 4. The term of office of the Senators
citizens of the Philippines not otherwise shall be six years and shall commence, unless
disqualified by law, who are at least eighteen otherwise provided by law, at noon on the
years of age, and who shall have resided in the thirtieth day of June next following their
Philippines for at least one year and in the election.
place wherein they propose to vote for at least
six months immediately preceding the election.
THE 1987 CONSTITUTION: THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
No Senator shall serve for more than two the day of the election, is at least twenty-five
consecutive terms. Voluntary renunciation of years of age, able to read and write, and,
the office for any length of time shall not be except the party-list representatives, a
considered as an interruption in the continuity registered voter in the district in which he shall
of his service for the full term for which he was be elected, and a resident thereof for a period
elected. of not less than one year immediately
preceding the day of the election.
SECTION 5. (1) The House of Representatives
shall be composed of not more than two SECTION 7. The Members of the House of
hundred and fifty members, unless otherwise Representatives shall be elected for a term of
fixed by law, who shall be elected from three years which shall begin, unless otherwise
legislative districts apportioned among the provided by law, at noon on the thirtieth day of
provinces, cities, and the Metropolitan Manila June next following their election.
area in accordance with the number of their
respective inhabitants, and on the basis of a No member of the House of Representatives
uniform and progressive ratio, and those who, shall serve for more than three consecutive
as provided by law, shall be elected through a terms. Voluntary renunciation of the office for
party-list system of registered national, any length of time shall not be considered as
regional, and sectoral parties or organizations. an interruption in the continuity of his service
for the full term for which he was elected.
(2) The party-list representatives shall
constitute twenty per centum of the total SECTION 8. Unless otherwise provided by law,
number of representatives including those the regular election of the Senators and the
under the party list. For three consecutive Members of the House of Representatives
terms after the ratification of this Constitution, shall be held on the second Monday of May.
one-half of the seats allocated to party-list
representatives shall be filled, as provided by SECTION 9. In case of vacancy in the Senate
law, by selection or election from the labor, or in the House of Representatives, a special
peasant, urban poor, indigenous cultural election may be called to fill such vacancy in
communities, women, youth, and such other the manner prescribed by law, but the Senator
sectors as may be provided by law, except the or Member of the House of Representatives
religious sector. thus elected shall serve only for the unexpired
term.
(3) Each legislative district shall comprise, as
far as practicable, contiguous, compact and SECTION 10. The salaries of Senators and
adjacent territory. Each city with a population of Members of the House of Representatives
at least two hundred fifty thousand, or each shall be determined by law. No increase in said
province, shall have at least one compensation shall take effect until after the
representative. expiration of the full term of all the Members of
the Senate and the House of Representatives
(4) Within three years following the return of approving such increase.
every census, the Congress shall make a
reapportionment of legislative districts based SECTION 11. A Senator or Member of the
on the standards provided in this section. House of Representatives shall, in all offenses
punishable by not more than six years
SECTION 6. No person shall be a Member of imprisonment, be privileged from arrest while
the House of Representatives unless he is a the Congress is in session. No Member shall
natural-born citizen of the Philippines and, on be questioned nor be held liable in any other
THE 1987 CONSTITUTION: THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
place for any speech or debate in the Congress Saturdays, Sundays, and legal holidays. The
or in any committee thereof. President may call a special session at any
time.
SECTION 12. All Members of the Senate and
the House of Representatives shall, upon SECTION 16. (1) The Senate shall elect its
assumption of office, make a full disclosure of President and the House of Representatives its
their financial and business interests. They Speaker, by a majority vote of all its respective
shall notify the House concerned of a potential Members.
conflict of interest that may arise from the filing
of a proposed legislation of which they are Each House shall choose such other officers
authors. as it may deem necessary.
SECTION 13. No Senator or Member of the (2) A majority of each House shall constitute a
House of Representatives may hold any other quorum to do business, but a smaller number
office or employment in the Government, or may adjourn from day to day and may compel
any subdivision, agency, or instrumentality the attendance of absent Members in such
thereof, including government-owned or manner, and under such penalties, as such
controlled corporations or their subsidiaries, House may provide.
during his term without forfeiting his seat.
Neither shall he be appointed to any office (3) Each House may determine the rules of its
which may have been created or the proceedings, punish its Members for disorderly
emoluments thereof increased during the term behavior, and, with the concurrence of two-
for which he was elected. thirds of all its Members, suspend or expel a
Member. A penalty of suspension, when
SECTION 14. No Senator or Member of the imposed, shall not exceed sixty days.
House of Representatives may personally
appear as counsel before any court of justice (4) Each House shall keep a Journal of its
or before the Electoral Tribunals, or quasi- proceedings, and from time to time publish the
judicial and other administrative bodies. Neither same, excepting such parts as may, in its
shall he, directly or indirectly, be interested judgment, affect national security; and the yeas
financially in any contract with, or in any and nays on any question shall, at the request
franchise or special privilege granted by the of one-fifth of the Members present, be entered
Government, or any subdivision, agency, or in the Journal.
instrumentality thereof, including any
government-owned or controlled corporation, Each House shall also keep a Record of its
or its subsidiary, during his term of office. He proceedings.
shall not intervene in any matter before any
office of the Government for his pecuniary (5) Neither House during the sessions of the
benefit or where he may be called upon to act Congress shall, without the consent of the
on account of his office. other, adjourn for more than three days, nor to
any other place than that in which the two
SECTION 15. The Congress shall convene Houses shall be sitting.
once every year on the fourth Monday of July
for its regular session, unless a different date is SECTION 17. The Senate and the House of
fixed by law, and shall continue to be in Representatives shall each have an Electoral
session for such number of days as it may Tribunal which shall be the sole judge of all
determine until thirty days before the opening contests relating to the election, returns, and
of its next regular session, exclusive of qualifications of their respective Members.
THE 1987 CONSTITUTION: THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
Each Electoral Tribunal shall be composed of SECTION 21. The Senate or the House of
nine Members, three of whom shall be Justices Representatives or any of its respective
of the Supreme Court to be designated by the committees may conduct inquiries in aid of
Chief Justice, and the remaining six shall be legislation in accordance with its duly published
Members of the Senate or the House of rules of procedure. The rights of persons
Representatives, as the case may be, who appearing in or affected by such inquiries shall
shall be chosen on the basis of proportional be respected.
representation from the political parties and the
parties or organizations registered under the SECTION 22. The heads of departments may
party-list system represented therein. The upon their own initiative, with the consent of the
senior Justice in the Electoral Tribunal shall be President, or upon the request of either House,
its Chairman. as the rules of each House shall provide,
appear before and be heard by such House on
SECTION 18. There shall be a Commission on any matter pertaining to their departments.
Appointments consisting of the President of the Written questions shall be submitted to the
Senate, as ex officio Chairman, twelve President of the Senate or the Speaker of the
Senators and twelve Members of the House of House of Representatives at least three days
Representatives, elected by each House on the before their scheduled appearance.
basis of proportional representation from the Interpellations shall not be limited to written
political parties and parties or organizations questions, but may cover matters related
registered under the party-list system thereto. When the security of the State or the
represented therein. The Chairman of the public interest so requires and the President so
Commission shall not vote, except in case of a states in writing, the appearance shall be
tie. The Commission shall act on all conducted in executive session.
appointments submitted to it within thirty
session days of the Congress from their SECTION 23. (1) The Congress, by a vote of
submission. The Commission shall rule by a two-thirds of both Houses in joint session
majority vote of all the Members. assembled, voting separately, shall have the
sole power to declare the existence of a state
SECTION 19. The Electoral Tribunals and the of war.
Commission on Appointments shall be
constituted within thirty days after the Senate (2) In times of war or other national emergency,
and the House of Representatives shall have the Congress may, by law, authorize the
been organized with the election of the President, for a limited period and subject to
President and the Speaker. The Commission such restrictions as it may prescribe, to
on Appointments shall meet only while the exercise powers necessary and proper to carry
Congress is in session, at the call of its out a declared national policy. Unless sooner
Chairman or a majority of all its Members, to withdrawn by resolution of the Congress, such
discharge such powers and functions as are powers shall cease upon the next adjournment
herein conferred upon it. thereof.
SECTION 20. The records and books of SECTION 24. All appropriation, revenue or
accounts of the Congress shall be preserved tariff bills, bills authorizing increase of the
and be open to the public in accordance with public debt, bills of local application, and
law, and such books shall be audited by the private bills shall originate exclusively in the
Commission on Audit which shall publish House of Representatives, but the Senate may
annually an itemized list of amounts paid to propose or concur with amendments.
and expenses incurred for each Member.
THE 1987 CONSTITUTION: THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
SECTION 25. (1) The Congress may not reenacted and shall remain in force and effect
increase the appropriations recommended by until the general appropriations bill is passed
the President for the operation of the by the Congress.
Government as specified in the budget. The
form, content, and manner of preparation of the SECTION 26. (1) Every bill passed by the
budget shall be prescribed by law. Congress shall embrace only one subject
which shall be expressed in the title thereof.
(2) No provision or enactment shall be
embraced in the general appropriations bill (2) No bill passed by either House shall
unless it relates specifically to some particular become a law unless it has passed three
appropriation therein. Any such provision or readings on separate days, and printed copies
enactment shall be limited in its operation to thereof in its final form have been distributed to
the appropriation to which it relates. its Members three days before its passage,
except when the President certifies to the
(3) The procedure in approving appropriations necessity of its immediate enactment to meet a
for the Congress shall strictly follow the public calamity or emergency. Upon the last
procedure for approving appropriations for reading of a bill, no amendment thereto shall
other departments and agencies. be allowed, and the vote thereon shall be taken
immediately thereafter, and the yeas and nays
(4) A special appropriations bill shall specify entered in the Journal.
the purpose for which it is intended, and shall
be supported by funds actually available as SECTION 27. (1) Every bill passed by the
certified by the National Treasurer, or to be Congress shall, before it becomes a law, be
raised by a corresponding revenue proposed presented to the President. If he approves the
therein. same, he shall sign it; otherwise, he shall veto
it and return the same with his objections to the
(5) No law shall be passed authorizing any House where it originated, which shall enter the
transfer of appropriations; however, the objections at large in its Journal and proceed to
President, the President of the Senate, the reconsider it. If, after such reconsideration,
Speaker of the House of Representatives, the two-thirds of all the Members of such House
Chief Justice of the Supreme Court, and the shall agree to pass the bill, it shall be sent,
heads of Constitutional Commissions may, by together with the objections, to the other House
law, be authorized to augment any item in the by which it shall likewise be reconsidered, and
general appropriations law for their respective if approved by two-thirds of all the Members of
offices from savings in other items of their that House, it shall become a law. In all such
respective appropriations. cases, the votes of each House shall be
determined by yeas or nays, and the names of
(6) Discretionary funds appropriated for the Members voting for or against shall be
particular officials shall be disbursed only for entered in its Journal. The President shall
public purposes to be supported by appropriate communicate his veto of any bill to the House
vouchers and subject to such guidelines as where it originated within thirty days after the
may be prescribed by law. date of receipt thereof; otherwise, it shall
become a law as if he had signed it.
(7) If, by the end of any fiscal year, the
Congress shall have failed to pass the general (2) The President shall have the power to veto
appropriations bill for the ensuing fiscal year, any particular item or items in an appropriation,
the general appropriations law for the revenue, or tariff bill, but the veto shall not
preceding fiscal year shall be deemed
THE 1987 CONSTITUTION: THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
affect the item or items to which he does not has been fulfilled or abandoned, the balance, if
object. any, shall be transferred to the general funds of
the Government.
SECTION 28. (1) The rule of taxation shall be
uniform and equitable. The Congress shall SECTION 30. No law shall be passed
evolve a progressive system of taxation. increasing the appellate jurisdiction of the
Supreme Court as provided in this Constitution
(2) The Congress may, by law, authorize the without its advice and concurrence.
President to fix within specified limits, and
subject to such limitations and restrictions as it SECTION 31. No law granting a title of royalty
may impose, tariff rates, import and export or nobility shall be enacted.
quotas, tonnage and wharfage dues, and other
duties or imposts within the framework of the SECTION 32. The Congress shall, as early as
national development program of the possible, provide for a system of initiative and
Government. referendum, and the exceptions therefrom,
whereby the people can directly propose and
(3) Charitable institutions, churches and enact laws or approve or reject any act or law
parsonages or convents appurtenant thereto, or part thereof passed by the Congress or local
mosques, non-profit cemeteries, and all lands, legislative body after the registration of a
buildings, and improvements, actually, directly, petition therefor signed by at least ten per
and exclusively used for religious, charitable, or centum of the total number of registered voters,
educational purposes shall be exempt from of which every legislative district must be
taxation. represented by at least three per centum of the
registered voters thereof.
(4) No law granting any tax exemption shall be
passed without the concurrence of a majority of ARTICLE VII
all the Members of the Congress.
Executive Department
SECTION 29. (1) No money shall be paid out
of the Treasury except in pursuance of an SECTION 1. The executive power shall be
appropriation made by law. vested in the President of the Philippines.
The Vice-President may be appointed as a The Congress shall promulgate its rules for the
Member of the Cabinet. Such appointment canvassing of the certificates.
requires no confirmation.
The Supreme Court, sitting en banc, shall be
SECTION 4. The President and the Vice- the sole judge of all contests relating to the
President shall be elected by direct vote of the election, returns, and qualifications of the
people for a term of six years which shall begin President or Vice- President, and may
at noon on the thirtieth day of June next promulgate its rules for the purpose.
following the day of the election and shall end
at noon of the same date six years thereafter. SECTION 5. Before they enter on the
The President shall not be eligible for any execution of their office, the President, the
reelection. No person who has succeeded as Vice-President, or the Acting President shall
President and has served as such for more take the following oath or affirmation:
than four years shall be qualified for election to
the same office at any time. “I do solemnly swear (or affirm) that I will
faithfully and conscientiously fulfill my duties as
No Vice-President shall serve for more than President (or Vice-President or Acting
two consecutive terms. Voluntary renunciation President) of the Philippines, preserve and
of the office for any length of time shall not be defend its Constitution, execute its laws, do
considered as an interruption in the continuity justice to every man, and consecrate myself to
of the service for the full term for which he was the service of the Nation. So help me God.” (In
elected. case of affirmation, last sentence will be
omitted.)
Unless otherwise provided by law, the regular
election for President and Vice-President shall SECTION 6. The President shall have an
be held on the second Monday of May. official residence. The salaries of the President
and Vice-President shall be determined by law
The returns of every election for President and and shall not be decreased during their tenure.
Vice-President, duly certified by the board of No increase in said compensation shall take
canvassers of each province or city, shall be effect until after the expiration of the term of the
transmitted to the Congress, directed to the incumbent during which such increase was
President of the Senate. Upon receipt of the approved. They shall not receive during their
certificates of canvass, the President of the tenure any other emolument from the
Senate shall, not later than thirty days after the Government or any other source.
day of the election, open all certificates in the
presence of the Senate and the House of SECTION 7. The President-elect and the Vice-
Representatives in joint public session, and the President-elect shall assume office at the
Congress, upon determination of the beginning of their terms.
authenticity and due execution thereof in the
manner provided by law, canvass the votes. If the President-elect fails to qualify, the Vice-
President-elect shall act as President until the
The person having the highest number of votes President-elect shall have qualified.
shall be proclaimed elected, but in case two or
more shall have an equal and highest number If a President shall not have been chosen, the
of votes, one of them shall forthwith be chosen Vice-President-elect shall act as President until
by the vote of a majority of all the Members of a President shall have been chosen and
both Houses of the Congress, voting qualified.
separately.
THE 1987 CONSTITUTION: THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
If at the beginning of the term of the President, Representatives who shall assume office upon
the President-elect shall have died or shall confirmation by a majority vote of all the
have become permanently disabled, the Vice- Members of both Houses of the Congress,
President-elect shall become President. voting separately.
Where no President and Vice-President shall SECTION 10. The Congress shall, at ten
have been chosen or shall have qualified, or o’clock in the morning of the third day after the
where both shall have died or become vacancy in the offices of the President and
permanently disabled, the President of the Vice-President occurs, convene in accordance
Senate or, in case of his inability, the Speaker with its rules without need of a call and within
of the House of Representatives shall act as seven days enact a law calling for a special
President until a President or a Vice-President election to elect a President and a Vice-
shall have been chosen and qualified. President to be held not earlier than forty-five
days nor later than sixty days from the time of
The Congress shall, by law, provide for the such call. The bill calling such special election
manner in which one who is to act as President shall be deemed certified under paragraph 2,
shall be selected until a President or a Vice- Section 26, Article VI of this Constitution and
President shall have qualified, in case of death, shall become law upon its approval on third
permanent disability, or inability of the officials reading by the Congress. Appropriations for the
mentioned in the next preceding paragraph. special election shall be charged against any
current appropriations and shall be exempt
SECTION 8. In case of death, permanent from the requirements of paragraph 4, Section
disability, removal from office, or resignation of 25, Article VI of this Constitution. The
the President, the Vice-President shall become convening of the Congress cannot be
the President to serve the unexpired term. In suspended nor the special election postponed.
case of death, permanent disability, removal No special election shall be called if the
from office, or resignation of both the President vacancy occurs within eighteen months before
and Vice-President, the President of the the date of the next presidential election.
Senate or, in case of his inability, the Speaker
of the House of Representatives, shall then act SECTION 11. Whenever the President
as President until the President or Vice- transmits to the President of the Senate and
President shall have been elected and the Speaker of the House of Representatives
qualified. his written declaration that he is unable to
discharge the powers and duties of his office,
The Congress shall, by law, provide who shall and until he transmits to them a written
serve as President in case of death, permanent declaration to the contrary, such powers and
disability, or resignation of the Acting duties shall be discharged by the Vice-
President. He shall serve until the President or President as Acting President.
the Vice-President shall have been elected and
qualified, and be subject to the same Whenever a majority of all the Members of the
restrictions of powers and disqualifications as Cabinet transmit to the President of the Senate
the Acting President. and to the Speaker of the House of
Representatives their written declaration that
SECTION 9. Whenever there is a vacancy in the President is unable to discharge the
the Office of the Vice-President during the term powers and duties of his office, the Vice-
for which he was elected, the President shall President shall immediately assume the
nominate a Vice-President from among the powers and duties of the office as Acting
Members of the Senate and the House of President.
THE 1987 CONSTITUTION: THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
Thereafter, when the President transmits to the instrumentality thereof, including government-
President of the Senate and to the Speaker of owned or controlled corporations or their
the House of Representatives his written subsidiaries. They shall strictly avoid conflict of
declaration that no inability exists, he shall interest in the conduct of their office.
reassume the powers and duties of his office.
Meanwhile, should a majority of all the The spouse and relatives by consanguinity or
Members of the Cabinet transmit within five affinity within the fourth civil degree of the
days to the President of the Senate and to the President shall not during his tenure be
Speaker of the House of Representatives their appointed as members of the Constitutional
written declaration that the President is unable Commissions, or the Office of the
to discharge the powers and duties of his Ombudsman, or as Secretaries,
office, the Congress shall decide the issue. For Undersecretaries, chairmen or heads of
that purpose, the Congress shall convene, if it bureaus or offices, including government-
is not in session, within forty-eight hours, in owned or controlled corporations and their
accordance with its rules and without need of subsidiaries.
call.
SECTION 14. Appointments extended by an
If the Congress, within ten days after receipt of Acting President shall remain effective, unless
the last written declaration, or, if not in session, revoked by the elected President within ninety
within twelve days after it is required to days from his assumption or reassumption of
assemble, determines by a two-thirds vote of office.
both Houses, voting separately, that the
President is unable to discharge the powers SECTION 15. Two months immediately before
and duties of his office, the Vice-President shall the next presidential elections and up to the
act as the President; otherwise, the President end of his term, a President or Acting President
shall continue exercising the powers and duties shall not make appointments, except temporary
of his office. appointments to executive positions when
continued vacancies therein will prejudice
SECTION 12. In case of serious illness of the public service or endanger public safety.
President, the public shall be informed of the
state of his health. The Members of the SECTION 16. The President shall nominate
Cabinet in charge of national security and and, with the consent of the Commission on
foreign relations and the Chief of Staff of the Appointments, appoint the heads of the
Armed Forces of the Philippines, shall not be executive departments, ambassadors, other
denied access to the President during such public ministers and consuls, or officers of the
illness. armed forces from the rank of colonel or naval
captain, and other officers whose appointments
SECTION 13. The President, Vice-President, are vested in him in this Constitution. He shall
the Members of the Cabinet, and their deputies also appoint all other officers of the
or assistants shall not, unless otherwise Government whose appointments are not
provided in this Constitution, hold any other otherwise provided for by law, and those whom
office or employment during their tenure. They he may be authorized by law to appoint. The
shall not, during said tenure, directly or Congress may, by law, vest the appointment of
indirectly, practice any other profession, other officers lower in rank in the President
participate in any business, or be financially alone, in the courts, or in the heads of
interested in any contract with, or in any departments, agencies, commissions, or
franchise, or special privilege granted by the boards.
Government or any subdivision, agency, or
THE 1987 CONSTITUTION: THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
The President shall have the power to make of the privilege of the writ or the extension
appointments during the recess of the thereof, and must promulgate its decision
Congress, whether voluntary or compulsory, thereon within thirty days from its filing.
but such appointments shall be effective only
until after disapproval by the Commission on A state of martial law does not suspend the
Appointments or until the next adjournment of operation of the Constitution, nor supplant the
the Congress. functioning of the civil courts or legislative
assemblies, nor authorize the conferment of
SECTION 17. The President shall have control jurisdiction on military courts and agencies over
of all the executive departments, bureaus, and civilians where civil courts are able to function,
offices. He shall ensure that the laws be nor automatically suspend the privilege of the
faithfully executed. writ.
SECTION 18. The President shall be the The suspension of the privilege of the writ shall
Commander-in-Chief of all armed forces of the apply only to persons judicially charged for
Philippines and whenever it becomes rebellion or offenses inherent in or directly
necessary, he may call out such armed forces connected with the invasion.
to prevent or suppress lawless violence,
invasion or rebellion. In case of invasion or During the suspension of the privilege of the
rebellion, when the public safety requires it, he writ, any person thus arrested or detained shall
may, for a period not exceeding sixty days, be judicially charged within three days,
suspend the privilege of the writ of habeas otherwise he shall be released.
corpus or place the Philippines or any part
thereof under martial law. Within forty-eight SECTION 19. Except in cases of
hours from the proclamation of martial law or impeachment, or as otherwise provided in this
the suspension of the privilege of the writ of Constitution, the President may grant
habeas corpus, the President shall submit a reprieves, commutations and pardons, and
report in person or in writing to the Congress. remit fines and forfeitures, after conviction by
The Congress, voting jointly, by a vote of at final judgment.
least a majority of all its Members in regular or
special session, may revoke such proclamation He shall also have the power to grant amnesty
or suspension, which revocation shall not be with the concurrence of a majority of all the
set aside by the President. Upon the initiative Members of the Congress.
of the President, the Congress may, in the
same manner, extend such proclamation or SECTION 20. The President may contract or
suspension for a period to be determined by guarantee foreign loans on behalf of the
the Congress, if the invasion or rebellion shall Republic of the Philippines with the prior
persist and public safety requires it. concurrence of the Monetary Board, and
subject to such limitations as may be provided
The Congress, if not in session, shall, within by law. The Monetary Board shall, within thirty
twenty-four hours following such proclamation days from the end of every quarter of the
or suspension, convene in accordance with its calendar year, submit to the Congress a
rules without any need of a call. complete report of its decisions on applications
for loans to be contracted or guaranteed by the
The Supreme Court may review, in an Government or government-owned and
appropriate proceeding filed by any citizen, the controlled corporations which would have the
sufficiency of the factual basis of the effect of increasing the foreign debt, and
proclamation of martial law or the suspension
THE 1987 CONSTITUTION: THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
containing other matters as may be provided SECTION 3. The Judiciary shall enjoy fiscal
by law. autonomy. Appropriations for the Judiciary may
not be reduced by the legislature below the
SECTION 21. No treaty or international amount appropriated for the previous year and,
agreement shall be valid and effective unless after approval, shall be automatically and
concurred in by at least two-thirds of all the regularly released.
Members of the Senate.
SECTION 4. (1) The Supreme Court shall be
SECTION 22. The President shall submit to the composed of a Chief Justice and fourteen
Congress within thirty days from the opening of Associate Justices. It may sit en banc or in its
every regular session, as the basis of the discretion, in divisions of three, five, or seven
general appropriations bill, a budget of Members. Any vacancy shall be filled within
expenditures and sources of financing, ninety days from the occurrence thereof.
including receipts from existing and proposed
revenue measures. (2) All cases involving the constitutionality of a
treaty, international or executive agreement, or
SECTION 23. The President shall address the law, which shall be heard by the Supreme
Congress at the opening of its regular session. Court en banc, and all other cases which under
He may also appear before it at any other time. the Rules of Court are required to be heard en
banc, including those involving the
ARTICLE VIII constitutionality, application, or operation of
presidential decrees, proclamations, orders,
Judicial Department instructions, ordinances, and other regulations,
shall be decided with the concurrence of a
SECTION 1. The judicial power shall be vested majority of the Members who actually took part
in one Supreme Court and in such lower courts in the deliberations on the issues in the case
as may be established by law. and voted thereon.
Judicial power includes the duty of the courts of (3) Cases or matters heard by a division shall
justice to settle actual controversies involving be decided or resolved with the concurrence of
rights which are legally demandable and a majority of the Members who actually took
enforceable, and to determine whether or not part in the deliberations on the issues in the
there has been a grave abuse of discretion case and voted thereon, and in no case,
amounting to lack or excess of jurisdiction on without the concurrence of at least three of
the part of any branch or instrumentality of the such Members. When the required number is
Government. not obtained, the case shall be decided en
banc: Provided, that no doctrine or principle of
SECTION 2. The Congress shall have the law laid down by the court in a decision
power to define, prescribe, and apportion the rendered en banc or in division may be
jurisdiction of various courts but may not modified or reversed except by the court sitting
deprive the Supreme Court of its jurisdiction en banc.
over cases enumerated in Section 5 hereof.
SECTION 5. The Supreme Court shall have
No law shall be passed reorganizing the the following powers:
Judiciary when it undermines the security of
tenure of its Members. (1) Exercise original jurisdiction over cases
affecting ambassadors, other public ministers
and consuls, and over petitions for certiorari,
THE 1987 CONSTITUTION: THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
prohibition, mandamus, quo warranto, and judicial bodies shall remain effective unless
habeas corpus. disapproved by the Supreme Court.
(2) Review, revise, reverse, modify, or affirm on (6) Appoint all officials and employees of the
appeal or certiorari, as the law or the Rules of Judiciary in accordance with the Civil Service
Court may provide, final judgments and orders Law.
of lower courts in:
SECTION 6. The Supreme Court shall have
(a) All cases in which the constitutionality or administrative supervision over all courts and
validity of any treaty, international or executive the personnel thereof.
agreement, law, presidential decree,
proclamation, order, instruction, ordinance, or SECTION 7. (1) No person shall be appointed
regulation is in question. Member of the Supreme Court or any lower
collegiate court unless he is a natural-born
(b) All cases involving the legality of any tax, citizen of the Philippines. A Member of the
impost, assessment, or toll, or any penalty Supreme Court must be at least forty years of
imposed in relation thereto. age, and must have been for fifteen years or
more a judge of a lower court or engaged in the
(c) All cases in which the jurisdiction of any practice of law in the Philippines.
lower court is in issue.
(2) The Congress shall prescribe the
(d) All criminal cases in which the penalty qualifications of judges of lower courts, but no
imposed is reclusion perpetua or higher. person may be appointed judge thereof unless
he is a citizen of the Philippines and a member
(e) All cases in which only an error or question of the Philippine Bar.
of law is involved.
(3) A Member of the Judiciary must be a
(3) Assign temporarily judges of lower courts to person of proven competence, integrity,
other stations as public interest may require. probity, and independence.
Such temporary assignment shall not exceed
six months without the consent of the judge SECTION 8. (1) A Judicial and Bar Council is
concerned. hereby created under the supervision of the
Supreme Court composed of the Chief Justice
(4) Order a change of venue or place of trial to as ex officio Chairman, the Secretary of
avoid a miscarriage of justice. Justice, and a representative of the Congress
as ex officio Members, a representative of the
(5) Promulgate rules concerning the protection Integrated Bar, a professor of law, a retired
and enforcement of constitutional rights, Member of the Supreme Court, and a
pleading, practice, and procedure in all courts, representative of the private sector.
the admission to the practice of law, the
Integrated Bar, and legal assistance to the (2) The regular Members of the Council shall
underprivileged. Such rules shall provide a be appointed by the President for a term of four
simplified and inexpensive procedure for the years with the consent of the Commission on
speedy disposition of cases, shall be uniform Appointments. Of the Members first appointed,
for all courts of the same grade, and shall not the representative of the Integrated Bar shall
diminish, increase, or modify substantive rights. serve for four years, the professor of law for
Rules of procedure of special courts and quasi- three years, the retired Justice for two years,
THE 1987 CONSTITUTION: THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
and the representative of the private sector for SECTION 12. The Members of the Supreme
one year. Court and of other courts established by law
shall not be designated to any agency
(3) The Clerk of the Supreme Court shall be performing quasi-judicial or administrative
the Secretary ex officio of the Council and shall functions.
keep a record of its proceedings.
SECTION 13. The conclusions of the Supreme
(4) The regular Members of the Council shall Court in any case submitted to it for decision
receive such emoluments as may be en banc or in division shall be reached in
determined by the Supreme Court. The consultation before the case is assigned to a
Supreme Court shall provide in its annual Member for the writing of the opinion of the
budget the appropriations for the Council. Court. A certification to this effect signed by the
Chief Justice shall be issued and a copy
(5) The Council shall have the principal thereof attached to the record of the case and
function of recommending appointees to the served upon the parties. Any Member who took
Judiciary. It may exercise such other functions no part, or dissented, or abstained from a
and duties as the Supreme Court may assign decision or resolution must state the reason
to it. therefor. The same requirements shall be
observed by all lower collegiate courts.
SECTION 9. The Members of the Supreme
Court and judges of lower courts shall be SECTION 14. No decision shall be rendered by
appointed by the President from a list of at any court without expressing therein clearly
least three nominees prepared by the Judicial and distinctly the facts and the law on which it
and Bar Council for every vacancy. Such is based.
appointments need no confirmation.
No petition for review or motion for
For the lower courts, the President shall issue reconsideration of a decision of the court shall
the appointments within ninety days from the be refused due course or denied without
submission of the list. stating the legal basis therefor.
SECTION 10. The salary of the Chief Justice SECTION 15. (1) All cases or matters filed
and of the Associate Justices of the Supreme after the effectivity of this Constitution must be
Court, and of judges of lower courts shall be decided or resolved within twenty-four months
fixed by law. During their continuance in office, from date of submission for the Supreme
their salary shall not be decreased. Court, and, unless reduced by the Supreme
Court, twelve months for all lower collegiate
SECTION 11. The Members of the Supreme courts, and three months for all other lower
Court and judges of lower courts shall hold courts.
office during good behavior until they reached
the age of seventy years or become (2) A case or matter shall be deemed
incapacitated to discharge the duties of their submitted for decision or resolution upon the
office. The Supreme Court en banc shall have filing of the last pending, brief, or memorandum
the power to discipline judges of lower courts, required by the Rules of Court or by the court
or order their dismissal by a vote of a majority itself.
of the Members who actually took part in the
deliberations on the issues in the case and (3) Upon the expiration of the corresponding
voted thereon. period, a certification to this effect signed by
the Chief Justice or the presiding judge shall
THE 1987 CONSTITUTION: THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
forthwith be issued and a copy thereof attached SECTION 4. The Constitutional Commissions
to the record of the case or matter, and served shall appoint their officials and employees in
upon the parties. The certification shall state accordance with law.
why a decision or resolution has not been
rendered or issued within said period. SECTION 5. The Commission shall enjoy fiscal
autonomy. Their approved annual
(4) Despite the expiration of the applicable appropriations shall be automatically and
mandatory period, the court, without prejudice regularly released.
to such responsibility as may have been
incurred in consequence thereof, shall decide SECTION 6. Each Commission en banc may
or resolve the case or matter submitted promulgate its own rules concerning pleadings
thereto for determination, without further delay. and practice before it or before any of its
offices. Such rules however shall not diminish,
SECTION 16. The Supreme Court shall, within increase, or modify substantive rights.
thirty days from the opening of each regular
session of the Congress, submit to the SECTION 7. Each Commission shall decide by
President and the Congress an annual report a majority vote of all its Members any case or
on the operations and activities of the matter brought before it within sixty days from
Judiciary. the date of its submission for decision or
resolution. A case or matter is deemed
ARTICLE IX submitted for decision or resolution upon the
filing of the last pleading, brief, or
Constitutional Commissions memorandum required by the rules of the
Commission or by the Commission itself.
A. Common Provisions Unless otherwise provided by this Constitution
or by law, any decision, order, or ruling of each
SECTION 1. The Constitutional Commissions, Commission may be brought to the Supreme
which shall be independent, are the Civil Court on certiorari by the aggrieved party within
Service Commission, the Commission on thirty days from receipt of a copy thereof.
Elections, and the Commission on Audit.
SECTION 8. Each Commission shall perform
SECTION 2. No Member of a Constitutional such other functions as may be provided by
Commission shall, during his tenure, hold any law.
other office or employment. Neither shall he
engage in the practice of any profession or in B. The Civil Service Commission
the active management or control of any
business which in any way be affected by the SECTION 1. (1) The Civil Service shall be
functions of his office, nor shall he be administered by the Civil Service Commission
financially interested, directly or indirectly, in composed of a Chairman and two
any contract with, or in any franchise or Commissioners who shall be natural-born
privilege granted by the Government, any of its citizens of the Philippines and, at the time of
subdivisions, agencies, or instrumentalities, their appointment, at least thirty-five years of
including government-owned or controlled age, with proven capacity for public
corporations or their subsidiaries. administration, and must not have been
candidates for any elective position in the
SECTION 3. The salary of the Chairman and elections immediately preceding their
the Commissioners shall be fixed by law and appointment.
shall not be decreased during their tenure.
THE 1987 CONSTITUTION: THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
(2) The Chairman and the Commissioners shall rewards system, integrate all human resources
be appointed by the President with the consent development programs for all levels and ranks,
of the Commission on Appointments for a term and institutionalize a management climate
of seven years without reappointment. Of those conducive to public accountability. It shall
first appointed, the Chairman shall hold office submit to the President and the Congress an
for seven years, a Commissioner for five years, annual report on its personnel programs.
and another Commissioner for three years,
without reappointment. Appointment to any SECTION 4. All public officers and employees
vacancy shall be only for the unexpired term of shall take an oath or affirmation to uphold and
the predecessor. In no case shall any Member defend this Constitution.
be appointed or designated in a temporary or
acting capacity. SECTION 5. The Congress shall provide for
the standardization of compensation of
SECTION 2. (1) The civil service embraces all government officials and employees, including
branches, subdivisions, instrumentalities, and those in government-owned or controlled
agencies of the Government, including corporations with original charters, taking into
government-owned or controlled corporations account the nature of the responsibilities
with original charters. pertaining to, and the qualifications required for
their positions.
(2) Appointments in the civil service shall be
made only according to merit and fitness to be SECTION 6. No candidate who has lost in any
determined, as far as practicable, and, except election shall, within one year after such
to positions which are policy-determining, election, be appointed to any office in the
primarily confidential, or highly technical, by Government or any government-owned or
competitive examination. controlled corporations or in any of their
subsidiaries.
(3) No officer or employee of the civil service
shall be removed or suspended except for SECTION 7. No elective official shall be eligible
cause provided by law. for appointment or designation in any capacity
to any public office or position during his
(4) No officer or employee in the civil service tenure.
shall engage, directly or indirectly, in any
electioneering or partisan political campaign. Unless otherwise allowed by law or by the
primary functions of his position, no appointive
(5) The right to self-organization shall not be official shall hold any other office or
denied to government employees. employment in the Government or any
subdivision, agency or instrumentality thereof,
(6) Temporary employees of the Government including government-owned or controlled
shall be given such protection as may be corporations or their subsidiaries.
provided by law.
SECTION 8. No elective or appointive public
SECTION 3. The Civil Service Commission, as officer or employee shall receive additional,
the central personnel agency of the double, or indirect compensation, unless
Government, shall establish a career service specifically authorized by law, nor accept
and adopt measures to promote morale, without the consent of the Congress, any
efficiency, integrity, responsiveness, present, emolument, office, or title of any kind
progressiveness, and courtesy in the civil from any foreign government.
service. It shall strengthen the merit and
THE 1987 CONSTITUTION: THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
Pensions or gratuities shall not be considered barangay officials decided by trial courts of
as additional, double, or indirect compensation. limited jurisdiction.
election laws, including acts or omissions the objective of holding free, orderly, honest,
constituting election frauds, offenses, and peaceful, and credible elections.
malpractices.
SECTION 5. No pardon, amnesty, parole, or
(7) Recommend to the Congress effective suspension of sentence for violation of election
measures to minimize election spending, laws, rules, and regulations shall be granted by
including limitation of places where the President without the favorable
propaganda materials shall be posted, and to recommendation of the Commission.
prevent and penalize all forms of election
frauds, offenses, malpractices, and nuisance SECTION 6. A free and open party system
candidacies. shall be allowed to evolve according to the free
choice of the people, subject to the provisions
(8) Recommend to the President the removal of this Article.
of any officer or employee it has deputized, or
the imposition of any other disciplinary action, SECTION 7. No votes cast in favor of a political
for violation or disregard of, or disobedience to party, organization, or coalition shall be valid,
its directive, order, or decision. except for those registered under the party-list
system as provided in this Constitution.
(9) Submit to the President and the Congress a
comprehensive report on the conduct of each SECTION 8. Political parties, or organizations
election, plebiscite, initiative, referendum, or or coalitions registered under the party-list
recall. system, shall not be represented in the voters’
registration boards, boards of election
SECTION 3. The Commission on Elections inspectors, boards of canvassers, or other
may sit en banc or in two divisions, and shall similar bodies. However, they shall be entitled
promulgate its rules of procedure in order to to appoint poll watchers in accordance with
expedite disposition of election cases, including law.
pre-proclamation controversies. All such
election cases shall be heard and decided in SECTION 9. Unless otherwise fixed by the
division, provided that motions for Commission in special cases, the election
reconsideration of decisions shall be decided period shall commence ninety days before the
by the Commission en banc. day of the election and shall end thirty days
after.
SECTION 4. The Commission may, during the
election period, supervise or regulate the SECTION 10. Bona fide candidates for any
enjoyment or utilization of all franchises or public office shall be free from any form of
permits for the operation of transportation and harassment and discrimination.
other public utilities, media of communication
or information, all grants, special privileges, or SECTION 11. Funds certified by the
concessions granted by the Government or any Commission as necessary to defray the
subdivision, agency, or instrumentality thereof, expenses for holding regular and special
including any government-owned or controlled elections, plebiscites, initiatives, referenda, and
corporation or its subsidiary. Such supervision recalls, shall be provided in the regular or
or regulation shall aim to ensure equal special appropriations and, once approved,
opportunity, time, and space, and the right to shall be released automatically upon
reply, including reasonable, equal rates certification by the Chairman of the
therefor, for public information campaigns and Commission.
forums among candidates in connection with
THE 1987 CONSTITUTION: THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
SECTION 6. Local government units shall have SECTION 12. Cities that are highly urbanized,
a just share, as determined by law, in the as determined by law, and component cities
whose charters prohibit their voters from voting
THE 1987 CONSTITUTION: THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
for provincial elective officials, shall be SECTION 18. The Congress shall enact an
independent of the province. The voters of organic act for each autonomous region with
component cities within a province, whose the assistance and participation of the regional
charters contain no such prohibition, shall not consultative commission composed of
be deprived of their right to vote for elective representatives appointed by the President
provincial officials. from a list of nominees from multisectoral
bodies. The organic act shall define the basic
SECTION 13. Local government units may structure of government for the region
group themselves, consolidate or coordinate consisting of the executive department and
their efforts, services, and resources for legislative assembly, both of which shall be
purposes commonly beneficial to them in elective and representative of the constituent
accordance with law. political units. The organic acts shall likewise
provide for special courts with personal, family,
SECTION 14. The President shall provide for and property law jurisdiction consistent with the
regional development councils or other similar provisions of this Constitution and national
bodies composed of local government officials, laws.
regional heads of departments and other
government offices, and representatives from The creation of the autonomous region shall be
non-governmental organizations within the effective when approved by majority of the
regions for purposes of administrative votes cast by the constituent units in a
decentralization to strengthen the autonomy of plebiscite called for the purpose, provided that
the units therein and to accelerate the only provinces, cities, and geographic areas
economic and social growth and development voting favorably in such plebiscite shall be
of the units in the region. included in the autonomous region.
SECTION 17. All powers, functions, and (3) Ancestral domain and natural resources;
responsibilities not granted by this Constitution
or by law to the autonomous regions shall be (4) Personal, family, and property relations;
vested in the National Government.
(5) Regional urban and rural planning
development;
THE 1987 CONSTITUTION: THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
(6) Economic, social, and tourism (2) A verified complaint for impeachment may
development; be filed by any Member of the House of
Representatives or by any citizen upon a
(7) Educational policies; resolution of endorsement by any Member
thereof, which shall be included in the Order of
(8) Preservation and development of the Business within ten session days, and referred
cultural heritage; and to the proper Committee within three session
days thereafter. The Committee, after hearing,
(9) Such other matters as may be authorized and by a majority vote of all its Members, shall
by law for the promotion of the general welfare submit its report to the House within sixty
of the people of the region. session days from such referral, together with
the corresponding resolution. The resolution
SECTION 21. The preservation of peace and shall be calendared for consideration by the
order within the regions shall be the House within ten session days from receipt
responsibility of the local police agencies which thereof.
shall be organized, maintained, supervised,
and utilized in accordance with applicable laws. (3) A vote of at least one-third of all the
The defense and security of the regions shall Members of the House shall be necessary
be the responsibility of the National either to affirm a favorable resolution with the
Government. Articles of Impeachment of the Committee, or
override its contrary resolution. The vote of
ARTICLE XI each Member shall be recorded.
subject to prosecution, trial, and punishment provided for in Section 2 of Article IX-A of this
according to law. Constitution.
(8) The Congress shall promulgate its rules on SECTION 9. The Ombudsman and his
impeachment to effectively carry out the Deputies shall be appointed by the President
purpose of this section. from a list of at least six nominees prepared by
the Judicial and Bar Council, and from a list of
SECTION 4. The present anti-graft court three nominees for every vacancy thereafter.
known as the Sandiganbayan shall continue to Such appointments shall require no
function and exercise its jurisdiction as now or confirmation. All vacancies shall be filled within
hereafter may be provided by law. three months after they occur.
SECTION 5. There is hereby created the SECTION 10. The Ombudsman and his
independent Office of the Ombudsman, Deputies shall have the rank of Chairman and
composed of the Ombudsman to be known as Members, respectively, of the Constitutional
Tanodbayan, one overall Deputy and at least Commissions, and they shall receive the same
one Deputy each for Luzon, Visayas, and salary, which shall not be decreased during
Mindanao. A separate Deputy for the military their term of office.
establishment may likewise be appointed.
SECTION 11. The Ombudsman and his
SECTION 6. The officials and employees of the Deputies shall serve for a term of seven years
Office of the Ombudsman, other than the without reappointment. They shall not be
Deputies, shall be appointed by the qualified to run for any office in the election
Ombudsman according to the Civil Service immediately succeeding their cessation from
Law. office.
SECTION 7. The existing Tanodbayan shall SECTION 12. The Ombudsman and his
hereafter be known as the Office of the Special Deputies, as protectors of the people, shall act
Prosecutor. It shall continue to function and promptly on complaints filed in any form or
exercise its powers as now or hereafter may be manner against public officials or employees of
provided by law, except those conferred on the the Government, or any subdivision, agency or
Office of the Ombudsman created under this instrumentality thereof, including government-
Constitution. owned or controlled corporations, and shall, in
appropriate cases, notify the complainants of
SECTION 8. The Ombudsman and his the action taken and the result thereof.
Deputies shall be natural-born citizens of the
Philippines, and at the time of their SECTION 13. The Office of the Ombudsman
appointment, at least forty years old, of shall have the following powers, functions, and
recognized probity and independence, and duties:
members of the Philippine Bar, and must not
have been candidates for any elective office in (1) Investigate on its own, or on complaint by
the immediately preceding election. The any person, any act or omission of any public
Ombudsman must have for ten years or more official, employee, office or agency, when such
been a judge or engaged in the practice of law act or omission appears to be illegal, unjust,
in the Philippines. improper, or inefficient.
During their tenure, they shall be subject to the (2) Direct, upon complaint or at its own
same disqualifications and prohibitions as instance, any public official or employee of the
THE 1987 CONSTITUTION: THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
produced by the nation for the benefit of the The State shall protect the nation’s marine
people; and an expanding productivity as the wealth in its archipelagic waters, territorial sea,
key to raising the quality of life for all, and exclusive economic zone, and reserve its
especially the underprivileged. use and enjoyment exclusively to Filipino
citizens.
The State shall promote industrialization and
full employment based on sound agricultural The Congress may, by law, allow small-scale
development and agrarian reform, through utilization of natural resources by Filipino
industries that make full and efficient use of citizens, as well as cooperative fish farming,
human and natural resources, and which are with priority to subsistence fishermen and
competitive in both domestic and foreign fishworkers in rivers, lakes, bays, and lagoons.
markets. However, the State shall protect
Filipino enterprises against unfair foreign The President may enter into agreements with
competition and trade practices. foreign-owned corporations involving either
technical or financial assistance for large-scale
In the pursuit of these goals, all sectors of the exploration, development, and utilization of
economy and all regions of the country shall be minerals, petroleum, and other mineral oils
given optimum opportunity to develop. Private according to the general terms and conditions
enterprises, including corporations, provided by law, based on real contributions to
cooperatives, and similar collective the economic growth and general welfare of
organizations, shall be encouraged to broaden the country. In such agreements, the State
the base of their ownership. shall promote the development and use of local
scientific and technical resources.
SECTION 2. All lands of the public domain,
waters, minerals, coal, petroleum, and other The President shall notify the Congress of
mineral oils, all forces of potential energy, every contract entered into in accordance with
fisheries, forests or timber, wildlife, flora and this provision, within thirty days from its
fauna, and other natural resources are owned execution.
by the State. With the exception of agricultural
lands, all other natural resources shall not be SECTION 3. Lands of the public domain are
alienated. The exploration, development, and classified into agricultural, forest or timber,
utilization of natural resources shall be under mineral lands, and national parks. Agricultural
the full control and supervision of the State. lands of the public domain may be further
The State may directly undertake such classified by law according to the uses which
activities, or it may enter into co-production, they may be devoted. Alienable lands of the
joint venture, or production-sharing agreements public domain shall be limited to agricultural
with Filipino citizens, or corporations or lands. Private corporations or associations may
associations at least sixty per centum of whose not hold such alienable lands of the public
capital is owned by such citizens. Such domain except by lease, for a period not
agreements may be for a period not exceeding exceeding twenty-five years, renewable for not
twenty-five years, renewable for not more than more than twenty-five years, and not to exceed
twenty-five years, and under such terms and one thousand hectares in area. Citizens of the
conditions as may be provided by law. In cases Philippines may lease not more than five
of water rights for irrigation, water supply, hundred hectares, or acquire not more than
fisheries, or industrial uses other than the twelve hectares thereof by purchase,
development of water power, beneficial use homestead, or grant.
may be the measure and limit of the grant.
THE 1987 CONSTITUTION: THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
associations organized under the laws of the SECTION 16. The Congress shall not, except
Philippines at least sixty per centum of whose by general law, provide for the formation,
capital is owned by such citizens, nor shall organization, or regulation of private
such franchise, certificate, or authorization be corporations. Government-owned or controlled
exclusive in character or for a longer period corporations may be created or established by
than fifty years. Neither shall any such special charters in the interest of the common
franchise or right be granted except under the good and subject to the test of economic
condition that it shall be subject to amendment, viability.
alteration, or repeal by the Congress when the
common good so requires. The State shall SECTION 17. In times of national emergency,
encourage equity participation in public utilities when the public interest so requires, the State
by the general public. The participation of may, during the emergency and under
foreign investors in the governing body of any reasonable terms prescribed by it, temporarily
public utility enterprise shall be limited to their take over or direct the operation of any
proportionate share in its capital, and all the privately owned public utility or business
executive and managing officers of such affected with public interest.
corporation or association must be citizens of
the Philippines. SECTION 18. The State may, in the interest of
national welfare or defense, establish and
SECTION 12. The State shall promote the operate vital industries and, upon payment of
preferential use of Filipino labor, domestic just compensation, transfer to public ownership
materials and locally produced goods, and utilities and other private enterprises to be
adopt measures that help make them operated by the Government.
competitive.
SECTION 19. The State shall regulate or
SECTION 13. The State shall pursue a trade prohibit monopolies when the public interest so
policy that serves the general welfare and requires. No combinations in restraint of trade
utilizes all forms and arrangements of or unfair competition shall be allowed.
exchange on the basis of equality and
reciprocity. SECTION 20. The Congress shall establish an
independent central monetary authority, the
SECTION 14. The sustained development of a members of whose governing board must be
reservoir of national talents consisting of natural-born Filipino citizens, of known probity,
Filipino scientists, entrepreneurs, integrity, and patriotism, the majority of whom
professionals, managers, high-level technical shall come from the private sector. They shall
manpower and skilled workers and craftsmen also be subject to such other qualifications and
in all fields shall be promoted by the State. The disabilities as may be prescribed by law. The
State shall encourage appropriate technology authority shall provide policy direction in the
and regulate its transfer for the national benefit. areas of money, banking, and credit. It shall
have supervision over the operations of banks
The practice of all professions in the and exercise such regulatory powers as may
Philippines shall be limited to Filipino citizens, be provided by law over the operations of
save in cases prescribed by law. finance companies and other institutions
performing similar functions.
SECTION 15. The Congress shall create an
agency to promote the viability and growth of Until the Congress otherwise provides, the
cooperatives as instruments for social justice Central Bank of the Philippines, operating
and economic development.
THE 1987 CONSTITUTION: THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
under existing laws, shall function as the including the right to strike in accordance with
central monetary authority. law. They shall be entitled to security of tenure,
humane conditions of work, and a living wage.
SECTION 21. Foreign loans may only be They shall also participate in policy and
incurred in accordance with law and the decision-making processes affecting their
regulation of the monetary authority. rights and benefits as may be provided by law.
Information on foreign loans obtained or
guaranteed by the Government shall be made The State shall promote the principle of shared
available to the public. responsibility between workers and employers
and the preferential use of voluntary modes in
SECTION 22. Acts which circumvent or negate settling disputes, including conciliation, and
any of the provisions of this Article shall be shall enforce their mutual compliance therewith
considered inimical to the national interest and to foster industrial peace.
subject to criminal and civil sanctions, as may
be provided by law. The State shall regulate the relations between
workers and employers, recognizing the right of
ARTICLE XIII labor to its just share in the fruits of production
and the right of enterprises to reasonable
Social Justice and Human Rights returns on investments, and to expansion and
growth.
SECTION 1. The Congress shall give highest
priority to the enactment of measures that Agrarian and Natural Resources Reform
protect and enhance the right of all the people
to human dignity, reduce social, economic, and SECTION 4. The State shall, by law, undertake
political inequalities, and remove cultural an agrarian reform program founded on the
inequities by equitably diffusing wealth and right of farmers and regular farmworkers, who
political power for the common good. are landless, to own directly or collectively the
lands they till or, in the case of other
To this end, the State shall regulate the farmworkers, to receive a just share of the
acquisition, ownership, use, and disposition of fruits thereof. To this end, the State shall
property and its increments. encourage and undertake the just distribution
of all agricultural lands, subject to such
SECTION 2. The promotion of social justice priorities and reasonable retention limits as the
shall include the commitment to create Congress may prescribe, taking into account
economic opportunities based on freedom of ecological, developmental, or equity
initiative and self-reliance. considerations, and subject to the payment of
just compensation. In determining retention
Labor limits, the State shall respect the right of small
landowners. The State shall further provide
SECTION 3. The State shall afford full incentives for voluntary land-sharing.
protection to labor, local and overseas,
organized and unorganized, and promote full SECTION 5. The State shall recognize the right
employment and equality of employment of farmers, farmworkers, and landowners, as
opportunities for all. well as cooperatives, and other independent
farmers’ organizations to participate in the
It shall guarantee the rights of all workers to planning, organization, and management of the
self-organization, collective bargaining and program, and shall provide support to
negotiations, and peaceful concerted activities, agriculture through appropriate technology and
THE 1987 CONSTITUTION: THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
research, and adequate financial, production, with the public sector, a continuing program of
marketing, and other support services. urban land reform and housing which will make
available at affordable cost decent housing and
SECTION 6. The State shall apply the basic services to underprivileged and homeless
principles of agrarian reform or stewardship, citizens in urban centers and resettlements
whenever applicable in accordance with law, in areas. It shall also promote adequate
the disposition or utilization of other natural employment opportunities to such citizens. In
resources, including lands of the public domain the implementation of such program the State
under lease or concession suitable to shall respect the rights of small property
agriculture, subject to prior rights, homestead owners.
rights of small settlers, and the rights of
indigenous communities to their ancestral SECTION 10. Urban or rural poor dwellers
lands. shall not be evicted nor their dwellings
demolished, except in accordance with law and
The State may resettle landless farmers and in a just and humane manner.
farmworkers in its own agricultural estates
which shall be distributed to them in the No resettlement of urban or rural dwellers shall
manner provided by law. be undertaken without adequate consultation
with them and the communities where they are
SECTION 7. The State shall protect the rights to be relocated.
of subsistence fishermen, especially of local
communities, to the preferential use of local Health
marine and fishing resources, both inland and
offshore. It shall provide support to such SECTION 11. The State shall adopt an
fishermen through appropriate technology and integrated and comprehensive approach to
research, adequate financial, production, and health development which shall endeavor to
marketing assistance, and other services. The make essential goods, health and other social
State shall also protect, develop, and conserve services available to all the people at
such resources. The protection shall extend to affordable cost. There shall be priority for the
offshore fishing grounds of subsistence needs of the underprivileged sick, elderly,
fishermen against foreign intrusion. disabled, women, and children. The State shall
Fishworkers shall receive a just share from endeavor to provide free medical care to
their labor in the utilization of marine and paupers.
fishing resources.
SECTION 12. The State shall establish and
SECTION 8. The State shall provide incentives maintain an effective food and drug regulatory
to landowners to invest the proceeds of the system and undertake appropriate health
agrarian reform program to promote manpower development and research,
industrialization, employment creation, and responsive to the country’s health needs and
privatization of public sector enterprises. problems.
Financial instruments used as payment for their
lands shall be honored as equity in enterprises SECTION 13. The State shall establish a
of their choice. special agency for disabled persons for
rehabilitation, self-development and self-
Urban Land Reform and Housing reliance, and their integration into the
mainstream of society.
SECTION 9. The State shall, by law, and for
the common good, undertake, in cooperation Women
THE 1987 CONSTITUTION: THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
SECTION 14. The State shall protect working Rights shall continue to exercise its present
women by providing safe and healthful working functions and powers.
conditions, taking into account their maternal
functions, and such facilities and opportunities (4) The approved annual appropriations of the
that will enhance their welfare and enable them Commission shall be automatically and
to realize their full potential in the service of the regularly released.
nation.
SECTION 18. The Commission on Human
Role and Rights of People’s Organizations Rights shall have the following powers and
functions:
SECTION 15. The State shall respect the role
of independent people’s organizations to (1) Investigate, on its own or on complaint by
enable the people to pursue and protect, within any party, all forms of human rights violations
the democratic framework, their legitimate and involving civil and political rights;
collective interests and aspirations through
peaceful and lawful means. (2) Adopt its operational guidelines and rules of
procedure, and cite for contempt for violations
People’s organizations are bona fide thereof in accordance with the Rules of Court;
associations of citizens with demonstrated
capacity to promote the public interest and with (3) Provide appropriate legal measures for the
identifiable leadership, membership, and protection of human rights of all persons within
structure. the Philippines, as well as Filipinos residing
abroad, and provide for preventive measures
SECTION 16. The right of the people and their and legal aid services to the underprivileged
organizations to effective and reasonable whose human rights have been violated or
participation at all levels of social, political, and need protection;
economic decision-making shall not be
abridged. The State shall, by law, facilitate the (4) Exercise visitorial powers over jails, prisons,
establishment of adequate consultation or detention facilities;
mechanisms.
(5) Establish a continuing program of research,
Human Rights education, and information to enhance respect
for the primacy of human rights;
SECTION 17. (1) There is hereby created an
independent office called the Commission on (6) Recommend to the Congress effective
Human Rights. measures to promote human rights and to
provide for compensation to victims of
(2) The Commission shall be composed of a violations of human rights, or their families;
Chairman and four Members who must be
natural-born citizens of the Philippines and a (7) Monitor the Philippine Government’s
majority of whom shall be members of the Bar. compliance with international treaty obligations
The term of office and other qualifications and on human rights;
disabilities of the Members of the Commission
shall be provided by law. (8) Grant immunity from prosecution to any
person whose testimony or whose possession
(3) Until this Commission is constituted, the of documents or other evidence is necessary or
existing Presidential Committee on Human convenient to determine the truth in any
THE 1987 CONSTITUTION: THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
investigation conducted by it or under its subsidies, and other incentives which shall be
authority; available to deserving students in both public
and private schools, especially to the
(9) Request the assistance of any department, underprivileged;
bureau, office, or agency in the performance of
its functions; (4) Encourage non-formal, informal, and
indigenous learning systems, as well as self-
(10) Appoint its officers and employees in learning, independent, and out-of-school study
accordance with law; and programs particularly those that respond to
community needs; and
(11) Perform such other duties and functions
as may be provided by law. (5) Provide adult citizens, the disabled, and
out-of-school youth with training in civics,
SECTION 19. The Congress may provide for vocational efficiency, and other skills.
other cases of violations of human rights that
should fall within the authority of the SECTION 3. (1) All educational institutions
Commission, taking into account its shall include the study of the Constitution as
recommendations. part of the curricula.
(2) Establish and maintain a system of free SECTION 4. (1) The State recognizes the
public education in the elementary and high complementary roles of public and private
school levels. Without limiting the natural right institutions in the educational system and shall
of parents to rear their children, elementary exercise reasonable supervision and regulation
education is compulsory for all children of of all educational institutions.
school age;
(2) Educational institutions, other than those
(3) Establish and maintain a system of established by religious groups and mission
scholarship grants, student loan programs, boards, shall be owned solely by citizens of the
THE 1987 CONSTITUTION: THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
(4) Subject to conditions prescribed by law, all SECTION 7. For purposes of communication
grants, endowments, donations, or and instruction, the official languages of the
contributions used actually, directly, and Philippines are Filipino and, until otherwise
exclusively for educational purposes shall be provided by law, English.
exempt from tax.
The regional languages are the auxiliary official
SECTION 5. (1) The State shall take into languages in the regions and shall serve as
account regional and sectoral needs and auxiliary media of instruction therein.
conditions and shall encourage local planning
in the development of educational policies and Spanish and Arabic shall be promoted on a
programs. voluntary and optional basis.
THE 1987 CONSTITUTION: THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
SECTION 8. This Constitution shall be inventors, artists, and other gifted citizens to
promulgated in Filipino and English and shall their intellectual property and creations,
be translated into major regional languages, particularly when beneficial to the people, for
Arabic, and Spanish. such period as may be provided by law.
Science and Technology SECTION 15. Arts and letters shall enjoy the
patronage of the State. The State shall
SECTION 10. Science and technology are conserve, promote, and popularize the nation’s
essential for national development and historical and cultural heritage and resources,
progress. The State shall give priority to as well as artistic creations.
research and development, invention,
innovation, and their utilization; and to science SECTION 16. All the country’s artistic and
and technology education, training, and historic wealth constitutes the cultural treasure
services. It shall support indigenous, of the nation and shall be under the protection
appropriate, and self-reliant scientific and of the State which may regulate its disposition.
technological capabilities, and their application
to the country’s productive systems and SECTION 17. The State shall recognize,
national life. respect, and protect the rights of indigenous
cultural communities to preserve and develop
SECTION 11. The Congress may provide for their cultures, traditions, and institutions. It shall
incentives, including tax deductions, to consider these rights in the formulation of
encourage private participation in programs of national plans and policies.
basic and applied scientific research.
Scholarships, grants-in-aid, or other forms of SECTION 18. (1) The State shall ensure equal
incentives shall be provided to deserving access to cultural opportunities through the
science students, researchers, scientists, educational system, public or private cultural
inventors, technologists, and specially gifted entities, scholarships, grants and other
citizens. incentives, and community cultural centers,
and other public venues.
SECTION 12. The State shall regulate the
transfer and promote the adaptation of (2) The State shall encourage and support
technology from all sources for the national researches and studies on the arts and culture.
benefit. It shall encourage the widest
participation of private groups, local Sports
governments, and community-based
organizations in the generation and utilization SECTION 19. (1) The State shall promote
of science and technology. physical education and encourage sports
programs, league competitions, and amateur
SECTION 13. The State shall protect and sports, including training for international
secure the exclusive rights of scientists, competitions, to foster self-discipline,
THE 1987 CONSTITUTION: THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
teamwork, and excellence for the development SECTION 1. The flag of the Philippines shall
of a healthy and alert citizenry. be red, white, and blue, with a sun and three
stars, as consecrated and honored by the
(2) All educational institutions shall undertake people and recognized by law.
regular sports activities throughout the country
in cooperation with athletic clubs and other SECTION 2. The Congress may, by law, adopt
sectors. a new name for the country, a national anthem,
or a national seal, which shall all be truly
ARTICLE XV reflective and symbolic of the ideals, history,
and traditions of the people. Such law shall
The Family take effect only upon its ratification by the
people in a national referendum.
SECTION 1. The State recognizes the Filipino
family as the foundation of the nation. SECTION 3. The State may not be sued
Accordingly, it shall strengthen its solidarity and without its consent.
actively promote its total development.
SECTION 4. The Armed Forces of the
SECTION 2. Marriage, as an inviolable social Philippines shall be composed of a citizen
institution, is the foundation of the family and armed force which shall undergo military
shall be protected by the State. training and serve, as may be provided by law.
It shall keep a regular force necessary for the
SECTION 3. The State shall defend: security of the State.
(1) The right of spouses to found a family in SECTION 5. (1) All members of the armed
accordance with their religious convictions and forces shall take an oath or affirmation to
the demands of responsible parenthood; uphold and defend this Constitution.
(2) The right of children to assistance, including (2) The State shall strengthen the patriotic spirit
proper care and nutrition, and special and nationalist consciousness of the military,
protection from all forms of neglect, abuse, and respect for people’s rights in the
cruelty, exploitation, and other conditions performance of their duty.
prejudicial to their development;
(3) Professionalism in the armed forces and
(3) The right of the family to a family living adequate remuneration and benefits of its
wage and income; and members shall be a prime concern of the State.
The armed forces shall be insulated from
(4) The right of families or family associations partisan politics.
to participate in the planning and
implementation of policies and programs that No member of the military shall engage directly
affect them. or indirectly in any partisan political activity,
except to vote.
SECTION 4. The family has the duty to care for
its elderly members but the State may also do (4) No member of the armed forces in the
so through just programs of social security. active service shall, at any time, be appointed
or designated in any capacity to a civilian
ARTICLE XVI position in the Government including
government-owned or controlled corporations
General Provisions or any of their subsidiaries.
THE 1987 CONSTITUTION: THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
(5) Laws on retirement of military officers shall respects the freedom of speech and of the
not allow extension of their service. press.
(6) The officers and men of the regular force of SECTION 11. (1) The ownership and
the armed forces shall be recruited management of mass media shall be limited to
proportionately from all provinces and cities as citizens of the Philippines, or to corporations,
far as practicable. cooperatives or associations, wholly-owned
and managed by such citizens.
(7) The tour of duty of the Chief of Staff of the
armed forces shall not exceed three years. The Congress shall regulate or prohibit
However, in times of war or other national monopolies in commercial mass media when
emergency declared by the Congress, the the public interest so requires. No
President may extend such tour of duty. combinations in restraint of trade or unfair
competition therein shall be allowed.
SECTION 6. The State shall establish and
maintain one police force, which shall be (2) The advertising industry is impressed with
national in scope and civilian in character, to be public interest, and shall be regulated by law
administered and controlled by a national for the protection of consumers and the
police commission. The authority of local promotion of the general welfare.
executives over the police units in their
jurisdiction shall be provided by law. Only Filipino citizens or corporations or
associations at least seventy per centum of the
SECTION 7. The State shall provide immediate capital of which is owned by such citizens shall
and adequate care, benefits, and other forms be allowed to engage in the advertising
of assistance to war veterans and veterans of industry.
military campaigns, their surviving spouses and
orphans. Funds shall be provided therefor and The participation of foreign investors in the
due consideration shall be given them in the governing body of entities in such industry shall
disposition of agricultural lands of the public be limited to their proportionate share in the
domain and, in appropriate cases, in the capital thereof, and all the executive and
utilization of natural resources. managing officers of such entities must be
citizens of the Philippines.
SECTION 8. The State shall, from time to time,
review to upgrade the pensions and other SECTION 12. The Congress may create a
benefits due to retirees of both the government consultative body to advise the President on
and the private sectors. policies affecting indigenous cultural
communities, the majority of the members of
SECTION 9. The State shall protect consumers which shall come from such communities.
from trade malpractices and from substandard
or hazardous products. ARTICLE XVII
SECTION 8. Until otherwise provided by the when the applicable period lapses after such
Congress, the President may constitute the ratification.
Metropolitan Authority to be composed of the
heads of all local government units comprising SECTION 15. The incumbent Members of the
the Metropolitan Manila area. Civil Service Commission, the Commission on
Elections, and the Commission on Audit shall
SECTION 9. A sub-province shall continue to continue in office for one year after the
exist and operate until it is converted into a ratification of this Constitution, unless they are
regular province or until its component sooner removed for cause or become
municipalities are reverted to the mother incapacitated to discharge the duties of their
province. office or appointed to a new term thereunder.
In no case shall any Member serve longer than
SECTION 10. All courts existing at the time of seven years including service before the
the ratification of this Constitution shall ratification of this Constitution.
continue to exercise their jurisdiction, until
otherwise provided by law. The provisions of SECTION 16. Career civil service employees
the existing Rules of Court, judiciary acts, and separated from the service not for cause but as
procedural laws not inconsistent with this a result of the reorganization pursuant to
Constitution shall remain operative unless Proclamation No. 3 dated March 25, 1986 and
amended or repealed by the Supreme Court or the reorganization following the ratification of
the Congress. this Constitution shall be entitled to appropriate
separation pay and to retirement and other
SECTION 11. The incumbent Members of the benefits accruing to them under the laws of
Judiciary shall continue in office until they general application in force at the time of their
reach the age of seventy years or become separation. In lieu thereof, at the option of the
incapacitated to discharge the duties of their employees, they may be considered for
office or are removed for cause. employment in the Government or in any of its
subdivisions, instrumentalities, or agencies,
SECTION 12. The Supreme Court shall, within including government-owned or controlled
one year after the ratification of this corporations and their subsidiaries. This
Constitution, adopt a systematic plan to provision also applies to career officers whose
expedite the decision or resolution of cases or resignation, tendered in line with the existing
matters pending in the Supreme Court or the policy, had been accepted.
lower courts prior to the effectivity of this
Constitution. A similar plan shall be adopted for SECTION 17. Until the Congress provides
all special courts and quasi-judicial bodies. otherwise, the President shall receive an
annual salary of three hundred thousand
SECTION 13. The legal effect of the lapse, pesos; the Vice-President, the President of the
before the ratification of this Constitution, of the Senate, the Speaker of the House of
applicable period for the decision or resolution Representatives, and the Chief Justice of the
of the cases or matters submitted for Supreme Court, two hundred forty thousand
adjudication by the courts, shall be determined pesos each; the Senators, the Members of the
by the Supreme Court as soon as practicable. House of Representatives, the Associate
Justices of the Supreme Court, and the
SECTION 14. The provisions of paragraphs (3) Chairmen of the Constitutional Commissions,
and (4), Section 15 of Article VIII of this two hundred four thousand pesos each; and
Constitution shall apply to cases or matters the Members of the Constitutional
filed before the ratification of this Constitution,
THE 1987 CONSTITUTION: THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
Commissions, one hundred eighty thousand authority shall be dismantled. All paramilitary
pesos each. forces including Civilian Home Defense Forces
not consistent with the citizen armed force
SECTION 18. At the earliest possible time, the established in this Constitution, shall be
Government shall increase the salary scales of dissolved or, where appropriate, converted into
the other officials and employees of the the regular force.
National Government.
SECTION 25. After the expiration in 1991 of
SECTION 19. All properties, records, the Agreement between the Republic of the
equipment, buildings, facilities, and other Philippines and the United States of America
assets of any office or body abolished or concerning Military Bases, foreign military
reorganized under Proclamation No. 3 dated bases, troops, or facilities shall not be allowed
March 25, 1986 or this Constitution shall be in the Philippines except under a treaty duly
transferred to the office or body to which its concurred in by the Senate and, when the
powers, functions, and responsibilities Congress so requires, ratified by a majority of
substantially pertain. the votes cast by the people in a national
referendum held for that purpose, and
SECTION 20. The first Congress shall give recognized as a treaty by the other contracting
priority to the determination of the period for State.
the full implementation of free public secondary
education. SECTION 26. The authority to issue
sequestration or freeze orders under
SECTION 21. The Congress shall provide Proclamation No. 3 dated March 25, 1986 in
efficacious procedures and adequate remedies relation to the recovery of ill-gotten wealth shall
for the reversion to the State of all lands of the remain operative for not more than eighteen
public domain and real rights connected months after the ratification of this Constitution.
therewith which were acquired in violation of However, in the national interest, as certified by
the Constitution or the public land laws, or the President, the Congress may extend said
through corrupt practices. No transfer or period.
disposition of such lands or real rights shall be
allowed until after the lapse of one year from A sequestration or freeze order shall be issued
the ratification of this Constitution. only upon showing of a prima facie case. The
order and the list of the sequestered or frozen
SECTION 22. At the earliest possible time, the properties shall forthwith be registered with the
Government shall expropriate idle or proper court. For orders issued before the
abandoned agricultural lands as may be ratification of this Constitution, the
defined by law, for distribution to the corresponding judicial action or proceeding
beneficiaries of the agrarian reform program. shall be filed within six months from its
ratification. For those issued after such
SECTION 23. Advertising entities affected by ratification, the judicial action or proceeding
paragraph (2), Section 11 of Article XVI of this shall be commenced within six months from the
Constitution shall have five years from its issuance thereof.
ratification to comply on a graduated and
proportionate basis with the minimum Filipino The sequestration or freeze order is deemed
ownership requirement therein. automatically lifted if no judicial action or
proceeding is commenced as herein provided.
SECTION 24. Private armies and other armed
groups not recognized by duly constituted
THE 1987 CONSTITUTION: THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES