Revised Philippine Constitution
Revised Philippine Constitution
Revised Philippine Constitution
NATIONAL TERRITORY
BILL OF RIGHTS
Section 17. The State shall give priority to
education, science and technology, arts, culture, Section 1. No person shall be deprived of life,
and sports to foster patriotism and nationalism, liberty, or property without due process of law, nor
accelerate social progress, and promote total human shall any person be denied the equal protection of
liberation and development. the laws.
Section 18. The State affirms labor as a primary Section 2. The right of the people to be secure in
social economic force. It shall protect the rights of their persons, houses, papers, and effects against
workers and promote their welfare. unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and
Section 19. The State shall develop a self-reliant no search warrant or warrant of arrest shall issue
and independent national economy effectively except upon probable cause to be determined
controlled by Filipinos. personally by the judge after examination under
oath or affirmation of the complainant and the
Section 20. The State recognizes the indispensable witnesses he may produce, and particularly
role of the private sector, encourages private describing the place to be searched and the persons
enterprise, and provides incentives to needed or things to be seized.
investments.
Section 3. (1) The privacy of communication and
Section 21. The State shall promote correspondence shall be inviolable except upon
comprehensive rural development and agrarian lawful order of the court, or when public safety or
reform. order requires otherwise, as prescribed by law.
Section 22. The State recognizes and promotes the (2) Any evidence obtained in violation of this or the
rights of indigenous cultural communities within the preceding section shall be inadmissible for any
framework of national unity and development. purpose in any proceeding.
Section 23. The State shall encourage non- Section 4. No law shall be passed abridging the
governmental, community-based, or sectoral freedom of speech, of expression, or of the press, or
Section 5. No law shall be made respecting an (3) Any confession or admission obtained in
establishment of religion, or prohibiting the free violation of this or Section 17 hereof shall be
exercise thereof. The free exercise and enjoyment inadmissible in evidence against him.
of religious profession and worship, without
discrimination or preference, shall forever be (4) The law shall provide for penal and civil sanctions
allowed. No religious test shall be required for the for violations of this section as well as compensation
exercise of civil or political rights. to the rehabilitation of victims of torture or similar
practices, and their families.
Section 6. The liberty of abode and of changing the
same within the limits prescribed by law shall not be Section 13. All persons, except those charged with
impaired except upon lawful order of the court. offenses punishable by reclusion perpetua when
Neither shall the right to travel be impaired except evidence of guilt is strong, shall, before conviction,
in the interest of national security, public safety, or be bailable by sufficient sureties, or be released on
public health, as may be provided by law. recognizance as may be provided by law. The right
to bail shall not be impaired even when the privilege
Section 7. The right of the people to information on of the writ of habeas corpus is suspended. Excessive
matters of public concern shall be recognized. bail shall not be required.
Access to official records, and to documents and
papers pertaining to official acts, transactions, or Section 14. (1) No person shall be held to answer
decisions, as well as to government research data for a criminal offense without due process of law.
used as basis for policy development, shall be
afforded the citizen, subject to such limitations as (2) In all criminal prosecutions, the accused shall be
may be provided by law. presumed innocent until the contrary is proved, and
shall enjoy the right to be heard by himself and
Section 8. The right of the people, including those counsel, to be informed of the nature and cause of
employed in the public and private sectors, to form the accusation against him, to have a speedy,
unions, associations, or societies for purposes not impartial, and public trial, to meet the witnesses
contrary to law shall not be abridged. face to face, and to have compulsory process to
secure the attendance of witnesses and the
Section 9. Private property shall not be taken for production of evidence in his behalf. However, after
public use without just compensation. arraignment, trial may proceed notwithstanding the
absence of the accused: Provided, that he has been
Section 10. No law impairing the obligation of duly notified and his failure to appear is
contracts shall be passed. unjustifiable.
Section 11. Free access to the courts and quasi- Section 15. The privilege of the writ of habeas
judicial bodies and adequate legal assistance shall corpus shall not be suspended except in cases of
not be denied to any person by reason of poverty. invasion or rebellion, when the public safety requires
it.
Section 12. (1) Any person under investigation for
the commission of an offense shall have the right to Section 16. All persons shall have the right to a
be informed of his right to remain silent and to have speedy disposition of their cases before all judicial,
competent and independent counsel preferably of quasi-judicial, or administrative bodies.
his own choice. If the person cannot afford the
services of counsel, he must be provided with one. Section 17. No person shall be compelled to be a
These rights cannot be waived except in writing and witness against himself.
in the presence of counsel.
Section 18. (1) No person shall be detained solely
(2) No torture, force, violence, threat, intimidation, by reason of his political beliefs and aspirations.
or any other means which vitiate the free will shall
be used against him. Secret detention places,
Section 21. No person shall be twice put in Section 1. Suffrage may be exercised by all citizens
jeopardy of punishment for the same offense. If an of the Philippines not otherwise disqualified by law,
act is punished by a law and an ordinance, who are at least eighteen years of age, and who
conviction or acquittal under either shall constitute shall have resided in the Philippines for at least one
a bar to another prosecution for the same act. year, and in the place wherein they propose to vote,
for at least six months immediately preceding the
Section 22. No ex post facto law or bill of attainder election. No literacy, property, or other substantive
shall be enacted. requirement shall be imposed on the exercise of
suffrage.
ARTICLE IV
Section 2. The Congress shall provide a system for
CITIZENSHIP securing the secrecy and sanctity of the ballot as
well as a system for absentee voting by qualified
Section 1. The following are citizens of the Filipinos abroad.
Philippines:
The Congress shall also design a procedure for the
[1] Those who are citizens of the disabled and the illiterates to vote without the
Philippines at the time of the adoption of assistance of other persons. Until then, they shall be
this Constitution; allowed to vote under existing laws and such rules
as the Commission on Elections may promulgate to
[2] Those whose fathers or mothers are protect the secrecy of the ballot.
citizens of the Philippines;
ARTICLE VI
[3] Those born before January 17, 1973, of
Filipino mothers, who elect Philippine THE LEGISLATIVE DEPARTMENT
citizenship upon reaching the age of
majority; and Section 1. The legislative power shall be vested in
the Congress of the Philippines which shall consist of
[4] Those who are naturalized in a Senate and a House of Representatives, except to
accordance with law. the extent reserved to the people by the provision
on initiative and referendum.
Section 2. Natural-born citizens are those who are
citizens of the Philippines from birth without having
Section 4. The term of office of the Senators shall Section 7. The Members of the House of
be six years and shall commence, unless otherwise Representatives shall be elected for a term of three
provided by law, at noon on the thirtieth day of June years which shall begin, unless otherwise provided
next following their election. No Senator shall serve by law, at noon on the thirtieth day of June next
for more than two consecutive terms. Voluntary following their election. No Member of the House of
renunciation of the office for any length of time shall Representatives shall serve for more than three
not be considered as an interruption in the consecutive terms. Voluntary renunciation of the
continuity of his service for the full term of which he office for any length of time shall not be considered
was elected. as an interruption in the continuity of his service for
the full term for which he was elected.
Section 5. (1) The House of Representatives shall
be composed of not more than two hundred and fifty Section 8. Unless otherwise provided by law, the
members, unless otherwise fixed by law, who shall regular election of the Senators and the Members of
be elected from legislative districts apportioned the House of Representatives shall be held on the
among the provinces, cities, and the Metropolitan second Monday of May.
Manila area in accordance with the number of their
respective inhabitants, and on the basis of a uniform Section 9. In case of vacancy in the Senate or in
and progressive ratio, and those who, as provided the House of Representatives, a special election may
by law, shall be elected through a party-list system be called to fill such vacancy in the manner
of registered national, regional, and sectoral parties prescribed by law, but the Senator or Member of the
or organizations. House of Representatives thus elected shall serve
only for the unexpired term.
(2) The party-list representatives shall constitute
twenty per centum of the total number of Section 10. The salaries of Senators and Members
representatives including those under the party list. of the House of Representatives shall be determined
For three consecutive terms after the ratification of by law. No increase in said compensation shall take
this Constitution, one-half of the seats allocated to effect until after the expiration of the full term of all
party-list representatives shall be filled, as provided the Members of the Senate and the House of
by law, by selection or election from the labor, Representatives approving such increase.
peasant, urban poor, indigenous cultural
communities, women, youth, and such other sectors Section 11. A Senator or Member of the House of
as may be provided by law, except the religious Representatives shall, in all offenses punishable by
sector. not more than six years imprisonment, be privileged
from arrest while the Congress is in session. No
(3) Each legislative district shall comprise, as far as Member shall be questioned nor be held liable in any
practicable, contiguous, compact, and adjacent other place for any speech or debate in the Congress
territory. Each city with a population of at least two or in any committee thereof.
hundred fifty thousand, or each province, shall have
at least one representative. Section 12. All Members of the Senate and the
House of Representatives shall, upon assumption of
(4) Within three years following the return of every office, make a full disclosure of their financial and
census, the Congress shall make a reapportionment business interests. They shall notify the House
(2) In times of war or other national emergency, the (7) If, by the end of any fiscal year, the Congress
Congress may, by law, authorize the President, for shall have failed to pass the general appropriations
a limited period and subject to such restrictions as bill for the ensuing fiscal year, the general
it may prescribe, to exercise powers necessary and appropriations law for the preceding fiscal year shall
proper to carry out a declared national policy. Unless be deemed re-enacted and shall remain in force and
sooner withdrawn by resolution of the Congress, effect until the general appropriations bill is passed
such powers shall cease upon the next adjournment by the Congress.
thereof.
Section 26. (1) Every bill passed by the Congress
Section 24. All appropriation, revenue or tariff bills, shall embrace only one subject which shall be
bills authorizing increase of the public debt, bills of expressed in the title thereof.
local application, and private bills, shall originate
exclusively in the House of Representatives, but the (2) No bill passed by either House shall become a
Senate may propose or concur with amendments. law unless it has passed three readings on separate
days, and printed copies thereof in its final form
have been distributed to its Members three days
Section 27. (1) Every bill passed by the Congress (2) No public money or property shall be
shall, before it becomes a law, be presented to the appropriated, applied, paid, or employed, directly or
President. If he approves the same he shall sign it; indirectly, for the use, benefit, or support of any
otherwise, he shall veto it and return the same with sect, church, denomination, sectarian institution, or
his objections to the House where it originated, system of religion, or of any priest, preacher,
which shall enter the objections at large in its minister, other religious teacher, or dignitary as
Journal and proceed to reconsider it. If, after such such, except when such priest, preacher, minister,
reconsideration, two-thirds of all the Members of or dignitary is assigned to the armed forces, or to
such House shall agree to pass the bill, it shall be any penal institution, or government orphanage or
sent, together with the objections, to the other leprosarium.
House by which it shall likewise be reconsidered, and
if approved by two-thirds of all the Members of that (3) All money collected on any tax levied for a
House, it shall become a law. In all such cases, the special purpose shall be treated as a special fund
votes of each House shall be determined by yeas or and paid out for such purpose only. If the purpose
nays, and the names of the Members voting for or for which a special fund was created has been
against shall be entered in its Journal. The President fulfilled or abandoned, the balance, if any, shall be
shall communicate his veto of any bill to the House transferred to the general funds of the Government.
where it originated within thirty days after the date
of receipt thereof, otherwise, it shall become a law Section 30. No law shall be passed increasing the
as if he had signed it. appellate jurisdiction of the Supreme Court as
provided in this Constitution without its advice and
(2) The President shall have the power to veto any concurrence.
particular item or items in an appropriation,
revenue, or tariff bill, but the veto shall not affect Section 31. No law granting a title of royalty or
the item or items to which he does not object. nobility shall be enacted.
Section 28. (1) The rule of taxation shall be uniform Section 32. The Congress shall, as early as
and equitable. The Congress shall evolve a possible, provide for a system of initiative and
progressive system of taxation. referendum, and the exceptions therefrom, whereby
the people can directly propose and enact laws or
(2) The Congress may, by law, authorize the approve or reject any act or law or part thereof
President to fix within specified limits, and subject passed by the Congress or local legislative body
to such limitations and restrictions as it may impose, after the registration of a petition therefor signed by
tariff rates, import and export quotas, tonnage and at least ten per centum of the total number of
wharfage dues, and other duties or imposts within registered voters, of which every legislative district
the framework of the national development program must be represented by at least three per centum of
of the Government. the registered voters thereof.
The suspension of the privilege of the writ of habeas Section 1. The judicial power shall be vested in one
corpus shall apply only to persons judicially charged Supreme Court and in such lower courts as may be
for rebellion or offenses inherent in, or directly established by law.
connected with, invasion.
Judicial power includes the duty of the courts of
During the suspension of the privilege of the writ of justice to settle actual controversies involving rights
habeas corpus, any person thus arrested or detained which are legally demandable and enforceable, and
shall be judicially charged within three days, to determine whether or not there has been a grave
otherwise he shall be released. abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or
Section 19. Except in cases of impeachment, or as instrumentality of the Government.
otherwise provided in this Constitution, the
President may grant reprieves, commutations, and Section 2. The Congress shall have the power to
pardons, and remit fines and forfeitures, after define, prescribe, and apportion the jurisdiction of
conviction by final judgment. the various courts but may not deprive the Supreme
Court of its jurisdiction over cases enumerated in
He shall also have the power to grant amnesty with Section 5 hereof.
the concurrence of a majority of all the Members of
the Congress. No law shall be passed reorganizing the Judiciary
when it undermines the security of tenure of its
Section 20. The President may contract or Members.
guarantee foreign loans on behalf of the Republic of
the Philippines with the prior concurrence of the Section 3. The Judiciary shall enjoy fiscal
Monetary Board, and subject to such limitations as autonomy. Appropriations for the Judiciary may not
may be provided by law. The Monetary Board shall, be reduced by the legislature below the amount
within thirty days from the end of every quarter of appropriated for the previous year and, after
the calendar year, submit to the Congress a approval, shall be automatically and regularly
complete report of its decision on applications for released.
loans to be contracted or guaranteed by the
Government or government-owned and controlled Section 4. (1) The Supreme Court shall be
corporations which would have the effect of composed of a Chief Justice and fourteen Associate
increasing the foreign debt, and containing other Justices. It may sit en banc or in its discretion, in
matters as may be provided by law. division of three, five, or seven Members. Any
vacancy shall be filled within ninety days from the
Section 21. No treaty or international agreement occurrence thereof.
shall be valid and effective unless concurred in by at
least two-thirds of all the Members of the Senate. (2) All cases involving the constitutionality of a
treaty, international or executive agreement, or law,
Section 22. The President shall submit to the which shall be heard by the Supreme Court en banc,
Congress, within thirty days from the opening of and all other cases which under the Rules of Court
every regular session as the basis of the general are required to be heard en banc, including those
appropriations bill, a budget of expenditures and involving the constitutionality, application, or
sources of financing, including receipts from existing operation of presidential decrees, proclamations,
and proposed revenue measures. orders, instructions, ordinances, and other
regulations, shall be decided with the concurrence of
Section 23. The President shall address the a majority of the Members who actually took part in
Congress at the opening of its regular session. He the deliberations on the issues in the case and voted
may also appear before it at any other time. thereon.
1) Exercise original jurisdiction over cases affecting Section 6. The Supreme Court shall have
ambassadors, other public ministers and consuls, administrative supervision over all courts and the
and over petitions for certiorari, prohibition, personnel thereof.
mandamus, quo warranto, and habeas corpus.
Section 7. (1) No person shall be appointed
(2) Review, revise, reverse, modify, or affirm on Member of the Supreme Court or any lower
appeal or certiorari, as the law or the Rules of Court collegiate court unless he is a natural-born citizen of
may provide, final judgments and orders of lower the Philippines. A Member of the Supreme Court
courts in: must be at least forty years of age, and must have
been for fifteen years or more, a judge of a lower
(a) All cases in which the constitutionality court or engaged in the practice of law in the
or validity of any treaty, international or Philippines.
executive agreement, law, presidential
decree, proclamation, order, instruction, (2) The Congress shall prescribe the qualifications of
ordinance, or regulation is in question. judges of lower courts, but no person may be
appointed judge thereof unless he is a citizen of the
(b) All cases involving the legality of any Philippines and a member of the Philippine Bar.
tax, impost, assessment, or toll, or any
penalty imposed in relation thereto. (3) A Member of the Judiciary must be a person of
proven competence, integrity, probity, and
(c) All cases in which the jurisdiction of any independence.
lower court is in issue.
Section 8. (1) A Judicial and Bar Council is hereby
(d) All criminal cases in which the penalty created under the supervision of the Supreme Court
imposed is reclusion perpetua or higher. composed of the Chief Justice as ex officio
Chairman, the Secretary of Justice, and a
(e) All cases in which only an error or representative of the Congress as ex officio
question of law is involved. Members, a representative of the Integrated Bar, a
professor of law, a retired Member of the Supreme
(3) Assign temporarily judges of lower courts to Court, and a representative of the private sector.
(4) Order a change of venue or place of trial to avoid Appointments. Of the Members first appointed, the
(4) The regular Members of the Council shall receive Section 14. No decision shall be rendered by any
such emoluments as may be determined by the court without expressing therein clearly and
Supreme Court. The Supreme Court shall provide in distinctly the facts and the law on which it is based.
its annual budget the appropriations for the Council.
No petition for review or motion for reconsideration
(5) The Council shall have the principal function of of a decision of the court shall be refused due course
recommending appointees to the Judiciary. It may or denied without stating the legal basis therefor.
exercise such other functions and duties as the
Supreme Court may assign to it. Section 15. (1) All cases or matters filed after the
effectivity of this Constitution must be decided or
Section 9. The Members of the Supreme Court and resolved within twenty-four months from date of
judges of the lower courts shall be appointed by the submission for the Supreme Court, and, unless
President from a list of at least three nominees reduced by the Supreme Court, twelve months for
prepared by the Judicial and Bar Council for every all lower collegiate courts, and three months for all
vacancy. Such appointments need no confirmation. other lower courts.
For the lower courts, the President shall issue the (2) A case or matter shall be deemed submitted for
appointments within ninety days from the Section decision or resolution upon the filing of the last
10. submission of the list. pleading, brief, or memorandum required by the
Rules of Court or by the court itself.
The salary of the Chief Justice and of the Associate
Justices of the Supreme Court, and of judges of (3) Upon the expiration of the corresponding period,
lower courts, shall be fixed by law. During their a certification to this effect signed by the Chief
continuance in office, their salary shall not be Justice or the presiding judge shall forthwith be
decreased. issued and a copy thereof attached to the record of
the case or matter, and served upon the parties. The
Section 11. The Members of the Supreme Court certification shall state why a decision or resolution
and judges of lower courts shall hold office during has not been rendered or issued within said period.
good behavior until they reach the age of seventy
years or become incapacitated to discharge the (4) Despite the expiration of the applicable
duties of their office. The Supreme Court en banc mandatory period, the court, without prejudice to
shall have the power to discipline judges of lower such responsibility as may have been incurred in
courts, or order their dismissal by a vote of a consequence thereof, shall decide or resolve the
majority of the Members who actually took part in case or matter submitted thereto for determination,
the deliberations on the issues in the case and voted without further delay.
thereon.
Section 16. The Supreme Court shall, within thirty
Section 12. The Members of the Supreme Court days from the opening of each regular session of the
and of other courts established by law shall not be Congress, submit to the President and the Congress
designated to any agency performing quasi-judicial an annual report on the operations and activities of
or administrative functions. the Judiciary.
Section 4. The Constitutional Commissions shall Section 2. (1) The civil service embraces all
appoint their officials and employees in accordance branches, subdivisions, instrumentalities, and
with law. agencies of the Government, including government-
owned or controlled corporations with original
Section 5. The Commission shall enjoy fiscal charters.
autonomy. Their approved annual appropriations
shall be automatically and regularly released. (2) Appointments in the civil service shall be made
only according to merit and fitness to be
Section 6. Each Commission en banc may determined, as far as practicable, and, except to
promulgate its own rules concerning pleadings and positions which are policy-determining, primarily
practice before it or before any of its offices. Such confidential, or highly technical, by competitive
rules, however, shall not diminish, increase, or examination.
modify substantive rights.
(3) No officer or employee of the civil service shall
Section 7. Each Commission shall decide by a be removed or suspended except for cause provided
majority vote of all its Members, any case or matter by law.
brought before it within sixty days from the date of
its submission for decision or resolution. A case or (4) No officer or employee in the civil service shall
matter is deemed submitted for decision or engage, directly or indirectly, in any electioneering
resolution upon the filing of the last pleading, brief, or partisan political campaign.
or memorandum required by the rules of the
Commission or by the Commission itself. Unless (5) The right to self-organization shall not be denied
otherwise provided by this Constitution or by law, to government employees.
any decision, order, or ruling of each Commission
may be brought to the Supreme Court on certiorari (6) Temporary employees of the Government shall
by the aggrieved party within thirty days from be given such protection as may be provided by law.
receipt of a copy thereof.
Section 4. All public officers and employees shall (2) The Chairman and the Commissioners shall be
take an oath or affirmation to uphold and defend this appointed by the President with the consent of the
Constitution. Commission on Appointments for a term of seven
years without reappointment. Of those first
Section 5. The Congress shall provide for the appointed, three Members shall hold office for seven
standardization of compensation of government years, two Members for five years, and the last
officials and employees, including those in Members for three years, without reappointment.
government-owned or controlled corporations with Appointment to any vacancy shall be only for the
original charters, taking into account the nature of unexpired term of the predecessor. In no case shall
the responsibilities pertaining to, and the any Member be appointed or designated in a
qualifications required for, their positions. temporary or acting capacity.
Section 6. No candidate who has lost in any election Sec. 2. The Commission on Elections shall exercise
shall, within one year after such election, be the following powers and functions:
appointed to any office in the Government or any
Government-owned or controlled corporations or in (1) Enforce and administer all laws and regulations
any of their subsidiaries. relative to the conduct of an election, plebiscite,
initiative, referendum, and recall.
Section 7. No elective official shall be eligible for
appointment or designation in any capacity to any (2) Exercise exclusive original jurisdiction over all
public office or position during his tenure. contests relating to the elections, returns, and
qualifications of all elective regional, provincial, and
Unless otherwise allowed by law or by the primary city officials, and appellate jurisdiction over all
functions of his position, no appointive official shall contests involving elective municipal officials
hold any other office or employment in the decided by trial courts of general jurisdiction, or
Government or any subdivision, agency or involving elective barangay officials decided by trial
instrumentality thereof, including Government- courts of limited jurisdiction.
owned or controlled corporations or their
subsidiaries. Decisions, final orders, or rulings of the Commission
on election contests involving elective municipal and
Section 8. No elective or appointive public officer or barangay offices shall be final, executory, and not
employee shall receive additional, double, or indirect appealable.
compensation, unless specifically authorized by law,
nor accept without the consent of the Congress, any (3) Decide, except those involving the right to vote,
present, emolument, office, or title of any kind from all questions affecting elections, including
any foreign government. determination of the number and location of polling
places, appointment of election officials and
Pensions or gratuities shall not be considered as inspectors, and registration of voters.
additional, double, or indirect compensation.
(4) Deputize, with the concurrence of the President,
C. THE COMMISSION ON ELECTIONS law enforcement agencies and instrumentalities of
the Government, including the Armed Forces of the
Section 1. (1) There shall be a Commission on Philippines, for the exclusive purpose of ensuring
Elections composed of a Chairman and six free, orderly, honest, peaceful, and credible
Commissioners who shall be natural-born citizens of elections.
the Philippines and, at the time of their
appointment, at least thirty-five years of age, (5) Register, after sufficient publication, political
holders of a college degree, and must not have been parties, organizations, or coalitions which, in
candidates for any elective positions in the addition to other requirements, must present their
immediately preceding elections. However, a platform or program of government; and accredit
majority thereof, including the Chairman, shall be citizens' arms of the Commission on Elections.
Religious denominations and sects shall not be
(6) File, upon a verified complaint, or on its own Section 6. A free and open party system shall be
initiative, petitions in court for inclusion or exclusion allowed to evolve according to the free choice of the
of voters; investigate and, where appropriate, people, subject to the provisions of this Article.
prosecute cases of violations of election laws,
including acts or omissions constituting election Section 7. No votes cast in favor of a political party,
frauds, offenses, and malpractices. organization, or coalition shall be valid, except for
those registered under the party-list system as
(7) Recommend to the Congress effective measures provided in this Constitution.
to minimize election spending, including limitation of
places where propaganda materials shall be posted, Section 8. Political parties, or organizations or
and to prevent and penalize all forms of election coalitions registered under the party-list system,
frauds, offenses, malpractices, and nuisance shall not be represented in the voters' registration
candidacies. boards, boards of election inspectors, boards of
canvassers, or other similar bodies. However, they
(8) Recommend to the President the removal of any shall be entitled to appoint poll watchers in
officer or employee it has deputized, or the accordance with law.
imposition of any other disciplinary action, for
violation or disregard of, or disobedience to, its Section 9. Unless otherwise fixed by the
directive, order, or decision. Commission in special cases, the election period
shall commence ninety days before the day of
(9) Submit to the President and the Congress, a election and shall end thirty days thereafter.
comprehensive report on the conduct of each
election, plebiscite, initiative, referendum, or recall. Section 10. Bona fide candidates for any public
office shall be free from any form of harassment and
Section 3. The Commission on Elections may sit en discrimination.
banc or in two divisions, and shall promulgate its
rules of procedure in order to expedite disposition of Section 11. Funds certified by the Commission as
election cases, including pre- proclamation necessary to defray the expenses for holding regular
controversies. All such election cases shall be heard and special elections, plebiscites, initiatives,
and decided in division, provided that motions for referenda, and recalls, shall be provided in the
reconsideration of decisions shall be decided by the regular or special appropriations and, once
Commission en banc. approved, shall be released automatically upon
certification by the Chairman of the Commission.
Section 4. The Commission may, during the
election period, supervise or regulate the enjoyment D. THE COMMISSION ON AUDIT
or utilization of all franchises or permits for the
operation of transportation and other public utilities, Section 1. (1) There shall be a Commission on Audit
media of communication or information, all grants, composed of a Chairman and two Commissioners,
special privileges, or concessions granted by the who shall be natural-born citizens of the Philippines
Government or any subdivision, agency, or
Section 6. Local government units shall have a just Section 14. The President shall provide for regional
share, as determined by law, in the national taxes development councils or other similar bodies
which shall be automatically released to them. composed of local government officials, regional
heads of departments and other government offices,
Section 7. Local governments shall be entitled to and representatives from non-governmental
an equitable share in the proceeds of the utilization organizations within the regions for purposes of
and development of the national wealth within their administrative decentralization to strengthen the
respective areas, in the manner provided by law, autonomy of the units therein and to accelerate the
including sharing the same with the inhabitants by economic and social growth and development of the
way of direct benefits. units in the region.
Section 11. The Congress may, by law, create Section 18. The Congress shall enact an organic act
special metropolitan political subdivisions, subject to for each autonomous region with the assistance and
a plebiscite as set forth in Section 10 hereof. The participation of the regional consultative commission
component cities and municipalities shall retain their composed of representatives appointed by the
basic autonomy and shall be entitled to their own President from a list of nominees from multi-sectoral
local executive and legislative assemblies. The bodies. The organic act shall define the basic
jurisdiction of the metropolitan authority that will structure of government for the region consisting of
thereby be created shall be limited to basic services the executive department and legislative assembly,
requiring coordination. both of which shall be elective and representative of
ARTICLE XI (6) The Senate shall have the sole power to try and
decide all cases of impeachment. When sitting for
ACCOUNTABILITY OF PUBLIC OFFICERS that purpose, the Senators shall be on oath or
affirmation. When the President of the Philippines is
Section 1. Public office is a public trust. Public on trial, the Chief Justice of the Supreme Court shall
officers and employees must, at all times, be preside, but shall not vote. No person shall be
accountable to the people, serve them with utmost convicted without the concurrence of two-thirds of
responsibility, integrity, loyalty, and efficiency; act all the Members of the Senate.
with patriotism and justice, and lead modest lives.
Section 12. The State shall promote the Section 20. The Congress shall establish an
preferential use of Filipino labor, domestic materials independent central monetary authority, the
and locally produced goods, and adopt measures members of whose governing board must be
that help make them competitive. natural-born Filipino citizens, of known probity,
integrity, and patriotism, the majority of whom shall
Section 13. The State shall pursue a trade policy come from the private sector. They shall also be
that serves the general welfare and utilizes all forms subject to such other qualifications and disabilities
and arrangements of exchange on the basis of as may be prescribed by law. The authority shall
equality and reciprocity. provide policy direction in the areas of money,
banking, and credit. It shall have supervision over
To this end, the State shall regulate the acquisition, the right of small landowners. The State shall further
ownership, use, and disposition of property and its provide incentives for voluntary land-sharing.
increments.
Section 5. The State shall recognize the right of
Section 2. The promotion of social justice shall farmers, farmworkers, and landowners, as well as
include the commitment to create economic cooperatives, and other independent farmers'
(3) Until this Commission is constituted, the existing (10) Appoint its officers and employees in
Presidential Committee on Human Rights shall accordance with law; and
continue to exercise its present functions and
powers. (11) Perform such other duties and functions as may
be provided by law.
(4) The approved annual appropriations of the
Commission shall be automatically and regularly Section 19. The Congress may provide for other
released. cases of violations of human rights that should fall
within the authority of the Commission, taking into
Section 18. The Commission on Human Rights shall account its recommendations.
have the following powers and functions:
ARTICLE XIV
(1) Investigate, on its own or on complaint by any
party, all forms of human rights violations involving EDUCATION, SCIENCE AND TECHNOLOGY,
civil and political rights; ARTS,
(2) Adopt its operational guidelines and rules of CULTURE AND SPORTS
procedure, and cite for contempt for violations
thereof in accordance with the Rules of Court; EDUCATION
(3) Provide appropriate legal measures for the Section 1. The State shall protect and promote the
protection of human rights of all persons within the right of all citizens to quality education at all levels,
Philippines, as well as Filipinos residing abroad, and and shall take appropriate steps to make such
provide for preventive measures and legal aid education accessible to all.
services to the under-privileged whose human rights
have been violated or need protection; Section 2. The State shall:
(4) Exercise visitorial powers over jails, prisons, or (1) Establish, maintain, and support a complete,
detention facilities; adequate, and integrated system of education
relevant to the needs of the people and society;
(5) Establish a continuing program of research,
education, and information to enhance respect for (2) Establish and maintain, a system of free public
the primacy of human rights; education in the elementary and high school levels.
Without limiting the natural rights of parents to rear
(6) Recommend to Congress effective measures to their children, elementary education is compulsory
promote human rights and to provide for for all children of school age;
compensation to victims of violations of human
rights, or their families; (3) Establish and maintain a system of scholarship
grants, student loan programs, subsidies, and other
incentives which shall be available to deserving
(5) Provide adult citizens, the disabled, and out-of- (3) All revenues and assets of non-stock, non-profit
school youth with training in civics, vocational educational institutions used actually, directly, and
efficiency, and other skills. exclusively for educational purposes shall be exempt
from taxes and duties. Upon the dissolution or
Section 3. (1) All educational institutions shall cessation of the corporate existence of such
include the study of the Constitution as part of the institutions, their assets shall be disposed of in the
curricula. manner provided by law.
(2) They shall inculcate patriotism and nationalism, Proprietary educational institutions, including those
foster love of humanity, respect for human rights, cooperatively owned, may likewise be entitled to
appreciation of the role of national heroes in the such exemptions, subject to the limitations provided
historical development of the country, teach the by law, including restrictions on dividends and
rights and duties of citizenship, strengthen ethical provisions for reinvestment.
and spiritual values, develop moral character and
personal discipline, encourage critical and creative (4) Subject to conditions prescribed by law, all
thinking, broaden scientific and technological grants, endowments, donations, or contributions
knowledge, and promote vocational efficiency. used actually, directly, and exclusively for
educational purposes shall be exempt from tax.
(3) At the option expressed in writing by the parents
or guardians, religion shall be allowed to be taught Section 5. (1) the State shall take into account
to their children or wards in public elementary and regional and sectoral needs and conditions and shall
high schools within the regular class hours by encourage local planning in the development of
instructors designated or approved by the religious educational policies and programs.
authorities of the religion to which the children or
wards belong, without additional cost to the (2) Academic freedom shall be enjoyed in all
Government. institutions of higher learning.
Section 4. (1) The State recognizes the (3) Every citizen has a right to select a profession or
complementary roles of public and private course of study, subject to fair, reasonable, and
institutions in the educational system and shall equitable admission and academic requirements.
exercise reasonable supervision and regulation of all
educational institutions. (4) The State shall enhance the right of teachers to
professional advancement. Non-teaching academic
(2) Educational institutions, other than those and non-academic personnel shall enjoy the
established by religious groups and mission boards, protection of the State.
shall be owned solely by citizens of the Philippines
or corporations or associations at least sixty per (5) The State shall assign the highest budgetary
centum of the capital of which is owned by such priority to education and ensure that teaching will
citizens. The Congress may, however, require attract and retain its rightful share of the best
increased Filipino equity participation in all available talents through adequate remuneration
educational institutions. and other means of job satisfaction and fulfillment.
(3) The right of the family to a family living wage (4) No member of the armed forces in the active
and income; and service shall, at any time, be appointed or
designated in any capacity to a civilian position in
(4) The right of families or family associations to the Government, including government-owned or
participate in the planning and implementation of controlled corporations or any of their subsidiaries.
GENERAL PROVISIONS (7) The tour of duty of the Chief of Staff of the armed
forces shall not exceed three years. However, in
Section 7. The State shall provide immediate and Section 12. The Congress may create a
adequate care, benefits, and other forms of consultative body to advise the President on policies
assistance to war veterans and veterans of military affecting indigenous cultural communities, the
campaigns, their surviving spouses and orphans. majority of the members of which shall come from
Funds shall be provided therefor and due such communities.
consideration shall be given them in the disposition
of agricultural lands of the public domain and, in ARTICLE XVII
appropriate cases, in the utilization of natural
resources. AMENDMENTS OR REVISIONS
Section 8. The State shall, from time to time, Section 1. Any amendment to, or revision of, this
review to increase the pensions and other benefits Constitution may be proposed by:
due to retirees of both the government and the
private sectors. (1) The Congress, upon a vote of three-fourths of all
its Members; or
Section 9. The State shall protect consumers from
trade malpractices and from substandard or (2) A constitutional convention.
hazardous products.
Section 1. The first elections of Members of the Section 8. Until otherwise provided by the
Congress under this Constitution shall be held on the Congress, the President may constitute the
second Monday of May, 1987. Metropolitan Manila Authority to be composed of the
heads of all local government units comprising the
The first local elections shall be held on a date to be Metropolitan Manila area.
determined by the President, which may be
simultaneous with the election of the Members of Section 9. A sub-province shall continue to exist
the Congress. It shall include the election of all and operate until it is converted into a regular
Members of the city or municipal councils in the province or until its component municipalities are
Metropolitan Manila area. reverted to the mother province.
Section 2. The Senators, Members of the House of Section 10. All courts existing at the time of the
Representatives, and the local officials first elected ratification of this Constitution shall continue to
under this Constitution shall serve until noon of June exercise their jurisdiction, until otherwise provided
30, 1992. by law. The provisions of the existing Rules of Court,
judiciary acts, and procedural laws not inconsistent
Of the Senators elected in the elections in 1992, the with this Constitution shall remain operative unless
first twelve obtaining the highest number of votes amended or repealed by the Supreme Court or the
shall serve for six years and the remaining twelve Congress.
for three years.
Section 11. The incumbent Members of the
Section 3. All existing laws, decrees, executive Judiciary shall continue in office until they reach the
orders, proclamations, letters of instructions, and age of seventy years or become incapacitated to
other executive issuances not inconsistent with this discharge the duties of their office or are removed
Constitution shall remain operative until amended, for cause.
repealed, or revoked.
Section 12. The Supreme Court shall, within one
Section 4. All existing treaties or international year after the ratification of this Constitution, adopt
agreements which have not been ratified shall not a systematic plan to expedite the decision or
be renewed or extended without the concurrence of resolution of cases or matters pending in the
at least two-thirds of all the Members of the Senate. Supreme Court or the lower courts prior to the
effectivity of this Constitution. A similar plan shall be
Section 5. The six-year term of the incumbent adopted for all special courts and quasi-judicial
Section 17. Until the Congress provides otherwise, Section 24. Private armies and other armed groups
the President shall receive an annual salary of three not recognized by duly constituted authority shall be
hundred thousand pesos; the Vice-President, the dismantled. All paramilitary forces including Civilian
President of the Senate, the Speaker of the House Home Defense Forces not consistent with the citizen
of Representatives, and the Chief Justice of the armed force established in this Constitution, shall be
Supreme Court, two hundred forty thousand pesos dissolved or, where appropriate, converted into the
each; the Senators, the Members of the House of regular force.
Representatives, the Associate Justices of the
Supreme Court, and the Chairmen of the Section 25. After the expiration in 1991 of the
Constitutional Commissions, two hundred four Agreement between the Republic of the Philippines
thousand pesos each; and the Members of the and the United States of America concerning military
Constitutional Commissions, one hundred eighty bases, foreign military bases, troops, or facilities
thousand pesos each. shall not be allowed in the Philippines except under
a treaty duly concurred in by the Senate and, when
Section 18. At the earliest possible time, the the Congress so requires, ratified by a majority of
Government shall increase the salary scales of the the votes cast by the people in a national
other officials and employees of the National referendum held for that purpose, and recognized as
Government. a treaty by the other contracting State.
Adopted:
Ambrosio B. Padilla
Vice-President