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The 1935 Constitution

CONSTITUTION OF THE PHILIPPINES

The Filipino people, imploring the aid of Divine Providence, in order to establish a government that
shall embody their ideals, conserve and develop the patrimony of the nation, promote the general
welfare, and secure to themselves and their posterity the blessings of independence under a
régime of justice, liberty, and democracy, do ordain and promulgate this Constitution.

Article I.—THE NATIONAL TERRITORY

Section 1. The Philippines comprises all the territory ceded to the United States by the treaty of
Paris concluded between the United States and Spain on the tenth day of December, eighteen
hundred and ninety-eight, the limits of which are set forth in Article III of said treaty, together with
all the islands embraced in the treaty concluded at Washington, between the United States and
Spain on the seventh day of November, nineteen hundred, and in the treaty concluded between the
United States and Great Britain on the second day of January, nineteen hundred and thirty, and all
territory over which the present Government of the Philippine Islands exercises jurisdiction.

ARTICLE II.—DECLARATION OF PRINCIPLES

Section 1. The Philippines is a republican state. Sovereignty resides in the people and all
government authority emanates from them.

Sec. 2. The defense of the State is a prime duty of government, and in the ful堀嘄llment of this duty all
citizens may be required by law to render personal military or civil service.
Sec. 3. The Philippines renounces war as an instrument of national policy, and adopts the generally
accepted principles of international law as a part of the law of the Nation.

SEC. 4. The natural right and duty of parents in the rearing of the youth for civic ef堀嘄ciency should
receive the aid and support of the Government.

SEC. 5. The promotion of social justice to insure the well-being and economic security of all the
people should be the concern of the State.

ARTICLE III.—BILL OF RIGHTS

SECTION 1. (1) No person shall be deprived of life, liberty, or property without due process of law,
nor shall any person be denied the equal protection of the laws.

(2) Private property shall not be taken for public use without just compensation.

(3) The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures shall not be violated, and no warrants shall issue but
upon probable cause, to be determined by the judge after examination under oath or
af堀嘄rmation of the complainant and the witnesses he may produce, and particularly describing
the place to be searched, and the persons or things to be seized.

(4) The liberty of abode and of changing the same within the limits prescribed by law shall not
be impaired.

(5) The privacy of communication and correspondence shall be inviolable except upon lawful
order of the court or when public safety and order require otherwise.

(6) The right to form associations or societies for purposes not contrary to law shall not be
abridged.

(7) No law shall be made respecting an establishment of religion, or prohibiting the free
exercise thereof, and the free exercise and enjoyment of religious profession and worship,
without discrimination or preference, shall forever be allowed. No religious test shall be
required for the exercise of civil or political rights.
(8) No law shall be passed abridging the freedom of speech, or of the press, or the right of the
people peaceably to assemble and petition the Government for redress of grievances

(9) No law granting a little of nobility shall be enacted, and no person holding any of堀嘄ce of
pro堀嘄t or trust shall, without the consent of the National Assembly, accept any present,
emolument, of堀嘄ce, or title of any kind whatever from any foreign state.

(10) No law impairing the obligation of contracts shall be passed.

(11) No ex post facto law or bill of attainder shall be enacted.

(12) No person shall be imprisoned for debt or nonpayment of a poll tax.

(13) No involuntary servitude in any form shall exist except as a punishment for crime whereof
the party shall have been duly convicted.

(14) The privilege of the writ of habeas corpus shall not be suspended except in cases of
invasion, insurrection, or rebellion, when the public safety requires it, in any of which events the
same may be suspended wherever during such period the necessity for such suspension shall
exist.

(15) No person shall be held to answer for a criminal offense without due process of law.

(16) All persons shall before conviction be bailable by suf堀嘄cient sureties, except those charged
with capital offenses when evidence of guilt is strong. Excessive bail shall not be required.

(17) In all criminal prosecutions the accused shall be presumed to be innocent until the
contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed
of the nature and cause of the accusation against him, to have a speedy and public trial, to
meet the witnesses face to face and to have compulsory process to secure the attendance of
witnesses in his behalf.

(18) Bo person shall be compelled to be a witness against himself.

(19) Excessive 堀嘄nes shall not be imposed, nor cruel and unusual punishment in琀爄icted.
 (20) No person shall be twice put in jeopardy of punishment for the same offense. If an cat is
punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar
to another prosecution for the same act.

(21) Free access to the courts shall not be denied to any person by reason of poverty.

ARTICLE IV.—CITIZENSHIP

SECTION 1. The following are citizens of the Philippines:

(1) Those who are citizens of the Philippine Islands at the time of the adoption of this
Constitution.

(2) Those born in the Philippine Islands of foreign parents who, before the adoption of this
Constitution, had been elected to public of堀嘄ce in the Philippine Islands.

(3) Those whose fathers are citizens of the Philippines.

(4) Those whose mothers are citizens of the Philippines and, upon reaching the age of
majority, elect Philippine citizenship.

(5) Those who are naturalized in accordance with law.

SEC. 2. Philippine citizenship may be lost or re-acquired in the manner provided by law.

ARTICLE V.—SUFFRAGE

SECTION 1. Suffrage may be exercised by male citizens of the Philippines not otherwise
disquali堀嘄ed by law, who are twenty-one years of age or over and are able to read and write, and
who shall have resided in the Philippines for one year and in the municipality wherein they propose
to vote for at least six months preceding the election. The National Assembly shall extend the right
of suffrage to women, if in a plebiscite which shall be held for that purpose within two years after
the adoption of this Constitution, not less than three hundred thousand women possessing the
necessary quali堀嘄cations shall vote af堀嘄rmatively on the question.

ARTICLE VI.—LEGISLATIVE DEPARTMENT

SECTION 1. The Legislative power shall be vested in a National Assembly. The Members of the
National Assembly shall not exceed one hundred and twenty, shall be chosen every three years,
and shall be apportioned among the several provinces as nearly as may be according to the
number of their respective inhabitants, but each province shall have at least one Member. The
National Assembly shall by law make an apportionment within three years after the return of every
enumeration, and not otherwise. Until such apportionment shall have been made, the National
Assembly shall consist of ninety-eight Members, of whom eighty-seven shall be elected by the
representative districts as now provided by law; and three by theMountainProvince, and one by
each of the other eight existing special provinces. The Members of the National Assembly in the
provinces of Sulu, Lanao, and Cotabato shall be chosen as may be determined by law; in all other
provinces they shall be elected by the quali堀嘄ed voters therein.

SEC. 2. No person shall be a Member of the National Assembly unless he has been 堀嘄ve years a
citizen of the Philippines, is at least thirty years of age, and, at the time of his election, a quali堀嘄ed
elector, and a resident of the province in which he is chosen for not less than one year immediately
prior to his election.

SEC. 3. (1) In case of vacancy in the National Assembly a special election may be called in the
corresponding district, in the manner prescribed by law, but the member thus elected shall serve
only for the unexpired term.

(2) Elections for the National Assembly shall be held on the dates 堀嘄xed by law.

(3) The National Assembly shall convene in regular session once every year, on the second
Monday of the month immediately following that on which the election of its Members was
held, unless a different date is 堀嘄xed by law. The National Assembly may be called in special
session at any time by the President to consider general legislation or only such subjects as he
may designate. No special session shall continue longer than thirty days and no regular
session longer than one hundred days, exclusive of Sundays.

(4) The National Assembly shall choose its Speaker, a secretary, a sergeant-at-arms, and such
other of堀嘄cers as may be required. A majority of all the Members shall constitute a quorum to
do business, but a smaller number may adjourn from day to day, and may compel the
attendance of absent Members, in such manner and under such penalties as the National
Assembly may provide.
 (5) The National Assembly may determine the rules of its proceedings, punish its Members for
disorderly behavior, and, with the concurrence of two-thirds, expel a Member. It shall keep a
Journal of its proceedings, and from time to time publish the same, excepting such parts as
may in its judgment require secrecy; and the yeas and nays on any question shall, at the
request of the one-堀嘄fth of its Members present, be entered in the Journal.

SEC. 4. There shall be an Electoral Commission composed of three Justices of the Supreme Court
designated by the Chief Justice, and of six Members chosen by the National Assembly, three of
whom shall be nominated by the party having the largest number of votes, and three by the party
having the second largest number of votes therein. The senior Justice in the Commission shall be
its Chairman. The Electoral Commission shall be the sole judge of all contests relating to the
election, returns, and quali堀嘄cations of the Members of the National Assembly.

SEC. 5. The Members of the National Assembly shall, unless otherwise provided by law, receive an
annual compensation of 堀嘄ve thousand pesos each including per diems and other emoluments or
allowances and exclusive only of travelling expenses to and from their respective districts when
attending sessions of the National Assembly. No increase in said compensation shall take effect
until after the expiration of the full term of the Members of the National Assembly elected
subsequent to the approval of such increase. The Speaker of the National Assembly shall receive
an annual compensation of sixteen thousand pesos until otherwise provided by law.

SEC. 6. The Members of the National Assembly shall in all cases except treason, felony, and breach
of the peace, be privileged from arrest during their attendance at the sessions of the National
Assembly, and in going to and returning from the same; and for any speech or debate therein, they
shall not be questioned in any other place.

SEC. 7. The National Assembly shall elect from among its Members, on the basis of proportional
representation of the political parties therein, a Commission on Appointments and a Commission
on Impeachment, each to consist of twenty-one members. These Commissions shall be
constituted within thirty days after the National Assembly shall have been organized with the
election of its Speaker, and shall meet only while the National Assembly is in session, at the call of
their respective Chairmen or a majority of their members, to discharge such powers and functions
as are herein conferred upon them.
SEC. 8. (1) No Member of the National Assembly may hold any other of堀嘄ce or employment in the
Government without forfeiting his seat, nor shall any such Member during the time for which he
was elected, be appointed to any civil of堀嘄ce which may have been created or the emoluments
whereof shall have been increased while he was a Member of the National Assembly.

(2) No Member of the National Assembly shall directly or indirectly be 堀嘄nancially interested in
any contract with the Government or any subdivision or instrumentality thereof, or in any
franchise or special privilege granted by the National Assembly during his term of of堀嘄ce; nor
shall any such Member appear as counsel before the Electoral Commission or any court in any
civil case wherein the Government or any sub-division or instrumentality thereof is the adverse
party, or collect any fee for his appearance in any administrative proceedings or in any criminal
case wherein an of堀嘄cer or employee of the Government is accused of an offense committed in
relation to his of堀嘄ce. No Member of the Commission on Appointments of the National
Assembly shall appear as counsel before any court inferior to the Supreme Court.

SEC. 9. (1) The President shall submit within 堀嘄fteen days of the opening of each regular session of
the National Assembly a budget of receipts and expenditures, which shall be the basis of the
general appropriation bill. The National Assembly may not increase the appropriations
recommended by the President for the operation of the Government as speci堀嘄ed in the Budget,
except the appropriations for the National Assembly and the Judicial Department. The form of the
Budget and the information that it should contain shall be prescribed by law.

(2) No provision or enactment shall be embraced in the general appropriation, unless it relates
speci堀嘄cally to some particular appropriation in the bill; and any such provision or enactment
shall be limited in its operation to such appropriation.

SEC. 10. The heads of departments upon their own initiative or upon the request of the
National Assembly may appear before and be heard by the National Assembly on any matter
pertaining to their departments, unless the public interest shall require otherwise and the
President shall so state in writing.

SEC. 11. (1) Every bill which shall have passed the National Assembly shall, before it becomes a
law, be presented to the President. If he approve the same, he shall sign it; but if not, he shall return
it with his objections to the National Assembly, which shall enter the objections at large on its
Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the Members
of the National Assembly shall agree to pass the bill, it shall become a law. In all such cases the
votes of the National Assembly shall be determined by yeas and nays, and the names of the
Members voting for and against shall not be returned by the President as herein provided within
twenty days (Sundays excepted) after it shall have been presented to him, the same shall become
a law in like manner as if he had signed it, unless the National Assembly by adjournment prevent
its return, in which case it shall become a law unless vetoed by the President within thirty days
after adjournment.

(2) The President shall have the power to veto any particular item or items of an appropriation
bill, but the veto shall not affect the item or items to which he does not object. When a
provision of an appropriation bill affects one or more items of the same, the President cannot
veto the provision without at the same time vetoing the particular item or items to which it
relates. The item or items objected to shall not take effect except in the manner heretofore
provided as to bills returned to the National Assembly without the approval of the President. If
the veto refers to a bill or any item of an appropriation bill which appropriates a sum in excess
of ten per centum of the total amount voted in the appropriation bill for the general expenses
of the Government for the preceding year, or if it should refer to a bill authorizing an increase of
the public debt, the same shall not become a law unless approved by three-fourths of all the
Members of the National Assembly.

(3) The President shall have the power to veto any separate item or items in a revenue or tariff
bill, and the item or items vetoed shall not take effect except in the manner provided as to bills
vetoed by the President.

SEC. 12. (1) No bill which may be enacted into law shall embrace more than one subject which
shall be expressed in the title of the bill.

(2) No bill shall be passed or become a law unless it shall have been printed and copies
thereof in its 堀嘄nal form furnished the Members at least three calendar days prior to its passage
by the National Assembly, except when the President shall have certi堀嘄ed to the necessity of its
immediate enactment. Upon the last reading of a bill no amendment thereof shall be allowed,
and the question upon its 堀嘄nal passage shall be taken immediately thereafter, and the yeas and
nays entered on the Journal.
SEC. 13. (1) All money collected on any tax levied for a special purpose shall be treated as special
fund and paid out for such purpose only. If the purpose for which a special fund was created has
been ful堀嘄lled or abandoned, the balance, if any, shall be transferred to the general funds of the
Government.

(2) No money shall be paid out of the Treasury except in pursuance of an appropriation made
by law.

(3) No public money or property shall ever be appropriated, applied, or used, directly or
indirectly, for the use, bene堀嘄t, or support of any sect, church, denomination, sectarian
institution, or system of religion, or for the use, bene堀嘄t, or support of any priest, preacher,
minister, or other religious teacher or dignitary is assigned to the armed forces or to any penal
institution, orphanage, or leprosarium.

SEC. 14. (1) the rule of taxation shall be uniform.

(2) The National Assembly may by law authorize the President, subject to such limitations and
restrictions as it may impose, to 堀嘄x within speci堀嘄ed limits, tariff rates, import or export quotas,
and tonnage and wharfage dues.

(3) Cemeteries, churches, and parsonages or convents appurtenant thereto, and all lands,
buildings, and improvements used exclusively for religious, charitable, or educational purposes
shall be exempt from taxation.

SEC. 15. The National Assembly shall, with the concurrence of two-thirds of all its Members, have
the sole power to declare war.

SEC. 16. In times of war or other national emergency, the National Assembly may by law authorize
the President, for a limited period and subject to such restrictions as it may prescribe, to
promulgate rules and regulations to carry out a declared national policy.

ARTICLE VII.—EXECUTIVE DEPARTMENT

SECTION 1. The Executive power shall be vested in a President of the Philippines.

SEC. 2. The President shall hold his of堀嘄ce during a term of six years, and together with the Vice-
President chosen for the same term, shall be elected by direct vote of the people. The election
returns for President and Vice-President, duly certi堀嘄ed by the board of canvassers of each
province, shall be transmitted to the National Assembly. Upon the receipt of such returns the
National Assembly shall forthwith, in public session, count the votes, and proclaim the persons
elected President and Vice-President. The persons respectively having the highest number of votes
for President and Vice-President shall be declared elected, but in case two or more shall have an
equal and the highest number of votes for either of堀嘄ce, the National Assembly shall, by a majority
vote of all its Members, elect one of said persons as President or Vice-President.

SEC. 3. No person may be elected to the of堀嘄ce of President or Vice-President, unless he be a

natural-born citizen of the Philippines, a quali堀嘄ed voter, forty years of age or over, and has been a
resident of the Philippines for at least ten years immediately preceding the election.

SEC. 4. No person elected President may be re-elected for the following term, nor shall the Vice-
President or any other person who may have succeeded to the of堀嘄ce of President as herein
provided at least one year before the election, be eligible to the of堀嘄ce of President at such election.

SEC. 5. Elections for President and Vice-President shall be held once every six years on a date to
be 堀嘄xed by the National Assembly.

SEC. 6. The terms of the President and Vice-President shall end at noon on the thirtieth day of
December following the expiration of six years after their election, and the terms of their
successors shall begin from such time.

SEC. 7. If, at the time 堀嘄xed for the beginning of the term of the President, the President-elect shall
have died, the Vice-President-elect shall become President. If a President shall not have been
chosen before the time 堀嘄xed for the beginning of his term, or if the President-elect shall have failed
to qualify, then the Vice-President shall act as President until a President shall have quali堀嘄ed, and
the National assembly may by law provide for the case wherein neither a President-elect nor a
Vice-President-elect shall have quali堀嘄ed, declaring who shall then act as President, or the manner
in which one who is to act shall be selected, and such person shall act accordingly until a President
or Vice-President shall have quali堀嘄ed.
SEC. 8. Before he enter on the execution of his of堀嘄ce, the President shall take the following oath or
af堀嘄rmation:

“I do solemnly swear (or af堀嘄rm) that I will faithfully and conscientiously ful堀嘄ll my duties

As President of the Philippines, preserve and defend its Constitution, executive its laws, do justice
to every man, and consecrate myself to the service of the Nation. So help me God.” (In case of
af堀嘄rmation, last sentence will be omitted.)

SEC. 9. In the event of the removal of the President from of堀嘄ce or of his death, resignation, or
inability to discharge the powers and duties of the said of堀嘄ce, the same shall devolve on the Vice-
President, and the National Assembly shall by law provide for the case of removal, death,
resignation, or inability, both of the President and Vice-President, declaring what of堀嘄cer shall then
act as President, and such of堀嘄cer shall act accordingly, until the disability be removed or a
President shall be elected.

SEC. 10. The President shall have an of堀嘄cial residence and receive a compensation to be
ascertained by law which shall be neither increased nor diminished during the period for which he
shall have been elected, and he shall not receive within that period any other emolument from the
Government or any of its subdivisions or instrumentalities. Until the National Assembly shall
provide otherwise, the President shall receive an annual salary of thirty thousand pesos. The Vice-
President, when not acting as President, shall receive an annual compensation of 堀嘄fteen thousand
pesos until otherwise provided by law.

SEC. 11. (1) The President shall have control of all the executive departments, bureaus, or of堀嘄ces,
exercise general supervision over all local governments as may be provided by law, and take care
that the laws be faithfully executed.

(2) The President shall be commander-in-chief of all armed forces of the Philippines and,
whenever it becomes necessary, he may call out such armed forces to prevent or suppress
lawless violence, invasion, insurrection, or rebellion, or imminent danger thereof, when the
public safety requires it, he may suspend the privileges of the writ of habeas corpus, or place
the Philippines or any part thereof under martial law.
 (3) The President shall nominate and with the consent of the Commission on Appointments of
the National Assembly shall appoint the heads of the executive departments and bureaus,
of堀嘄cers of the Army from the rank of colonel, of the Navy and air forces from the rank of
captain or commander, and all other of堀嘄cers of the Government whose appointments are not
herein otherwise provided for, and those whom he may be authorized by law to appoint; but the
National Assembly may by law vest the appointment of inferior of堀嘄cers, in the President alone,
in the courts, or in the heads of departments.

(4) The President shall have the power to make appointments during the recess of the national
Assembly, but such appointments shall be effective only until disapproval by the Commission
on Appointments or until the next adjournment of the National Assembly.

(5) The President shall from time to time give to the National Assembly information of the
state of the Nation, and recommend to its consideration such measures as shall judge
necessary and expedient.

(6) The President shall have the power to grant reprieves, commutations, and pardons, and
remit 堀嘄nes and forfeitures, after conviction, for all offenses, except in cases of impeachment,
upon such conditions and with such restrictions and limitations as he may deem proper to
impose. He shall have the power to grant amnesty with the concurrence of the National
Assembly.

(7) The President shall have the power, with the concurrence of a majority of all the Members
of the National Assembly, to make treaties, and with the consent of the Commission on
Appointments, he shall appoint ambassadors, other public ministers, and consuls. He shall
receive ambassadors and other ministers duly accredited to the Government of the
Philippines.

SEC. 12. (1) The executive departments of the present Government of the Philippine Islands shall
continue as now authorized by law until the National Assembly shall provide otherwise.

(2) The heads of departments and chiefs of bureaus or of堀嘄ces and their assistants shall not,
during their continuance in of堀嘄ce, engage in the practice of any profession, or intervene,
directly or indirectly, in the management or control of any private enterprise which in any way
 may be affected by the functions of their of堀嘄ce; nor shall they, directly or indirectly, be
堀嘄nancially interested in any contract with the Government, or any subdivision or instrumentality
thereof.

(3) The President may appoint the Vice-President as a member of his cabinet and also as head
of an executive department.

ARTICLE VIII.—JUDICIAL DEPARTMENT

SECTION 1. The Judicial power shall be vested in one Supreme Court and in such inferior courts as
may be established by law.

SEC. 2. The National Assembly shall have the power to de堀嘄ne, prescribe, and apportion the
jurisdiction of the various courts, but may not deprive the Supreme Court of its original jurisdiction
over cases affecting ambassadors, other public ministers, and consuls, nor of its jurisdiction to
review, revise, reverse, modify, or af堀嘄rm on appeal, certiorari, or writ of error, as the law or the rules
of court may provide, 堀嘄nal judgments and decrees of inferior courts in-

(1) All cases in which the constitutionality or validity of any treaty, law, ordinance, or executive
order or regulation is in question.

(2) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed in relation thereto.

(3) All cases in which the jurisdiction of any trial courts is in issue.

(4) All criminal cases in which the penalty imposed is death or life imprisonment.

(5) All cases in which an error or question of law is involved.

SEC. 3. Until the National Assembly shall provide otherwise, the Supreme Court shall have such
original and appellate jurisdiction as may be possessed and exercised by the Supreme Court of the
Philippine Islands at the time of the adoption of this Constitution. The original jurisdiction of the
Supreme Court shall include all cases affecting ambassadors, other public ministers, and consuls.

SEC. 4. The Supreme Court shall be composed of a Chief Justice and ten Associate Justices and
may sit either in banc or in two divisions unless otherwise provided by law.
SEC. 5. The members of the Supreme Court and all judges of inferior courts shall be appointed by
the President with the consent of the Commission on Appointments of the National Assembly.

SEC. 6. No person may be appointed member of the Supreme Court unless he has been 堀嘄ve years
a citizen of the Philippines, is at least forty years of age, and has for ten years or more been a judge
of a court of record or engaged in the practice of law in the Philippines.

SEC. 7. No judge appointed for a particular district shall be designated or transferred to another
district without the approval of the Supreme Court. The National Assembly shall by law determine
the residence of judges of inferior courts.

SEC. 8. The National Assembly shall prescribe the quali堀嘄cations of judges of inferior courts, but no
person may be appointed judge of any such courts unless he is a citizen of the Philippines and has
been admitted to the practice of law in the Philippines.

SEC. 9. The members of the Supreme Court and all judges of inferior courts shall hold of堀嘄ce during
good behavior, until they reach the age of seventy years, or become incapacitated to discharge the
duties of their of堀嘄ce. They shall receive such compensation as may be 堀嘄xed by law, which shall not
be diminished during the continuance in of堀嘄ce. Until the National Assembly shall provide
otherwise, the Chief Justice of the Supreme Court shall receive an annual compensation of sixteen
thousand pesos, and each Associate Justice, 堀嘄fteen thousand pesos.

SEC. 10. All cases involving the constitutionality of treaty or law shall be heard and decided by the
Supreme Court in banc, and no treaty or law may be declared unconstitutional without the
concurrence of two-thirds of all the members of the Court.

SEC. 11. The conclusions of the Supreme Court in any case submitted to it for decision shall be
reached in consultation before the case is assigned to a Justice for the writing of the opinion of the
Court. Any Justice dissenting from a decision shall state the reasons for his dissent.

SEC. 12. No decision shall be rendered by any court of record without expressing therein clearly
and distinctly the facts and the law on which it is based.

SEC. 13. The Supreme Court shall have the power to promulgate rules concerning pleading,
practice, and procedure in all courts, and the admission to the practice of law. Said rules shall be
uniform for all courts of the same grade and shall not diminish, increase, or modify substantive
rights. The existing laws on pleading, practice, and procedure are hereby repealed as statues, and
are declared Rules of Courts, subject to the power of the Supreme Court to alter and modify the
same. The National Assembly shall have the power to repeal, alter, or supplement the rules
concerning pleading, practice, and procedure, and the admission to the practice of law in the
Philippines.

ARTICLE IX.—IMPEACHMENT

SECTION 1. The President, the Vice-President, the Justices of the Supreme Court, and the Auditor
General, shall be removed from of堀嘄ce on impeachment for, and conviction of, culpable violation of
the Constitution, treason, bribery, or other high crimes.

SEC. 2. The Commission on Impeachment of the National Assembly, by a vote of two-thirds of its
Members, shall have the sole power of impeachment.

SEC. 3. The National Assembly shall have the sole power to try all impeachments. When sitting for
that purpose the Members shall be on oath or af堀嘄rmation. When the President of the Philippines is
on trial, the Chief Justice of the Supreme Court shall preside. No person shall be convicted without
the concurrence of three-fourths of all the Members who do not belong to the Commission on
Impeachment.

SEC. 4. Judgment in cases of impeachment shall not extend further then to removal from of堀嘄ce
and disquali堀嘄cation to hold and enjoy any of堀嘄ce of honor, trust, or pro堀嘄t under the Government of
the Philippines, but the party convicted shall nevertheless be liable and subject to prosecution, trial,
and punishment, according to law.

ARTICLE X.—GENERAL AUDITING OFFICE

SECTION 1. There shall be a General Auditing Of堀嘄ce under the direction and control of an Auditor
General, who shall hold of堀嘄ce for a term of ten years and may not be reappointed. The Auditor
General shall be appointed by the President with the consent of the Commission on Appointments,
and shall receive an annual compensation to Le 堀嘄xed by law which shall not be diminished during
his continuance in of堀嘄ce. Until the National Assembly shall provide otherwise, the Auditor General
shall receive an annual compensation of twelve thousand pesos.
SEC. 2. The Auditor General shall examine, audit, and settle all accounts pertaining to the revenues
and receipts from whatever source, including trust funds derived from bond issues; and audit, in
accordance with law and administrative regulations, all expenditures of funds or property
pertaining to or held in trust by the Government or the provinces or municipalities thereof. He shall
keep the general accounts of the Government and preserve the vouchers pertaining thereto. It shall
be the duty of the Auditor General to bring to the attention of the proper administrative of堀嘄cer
expenditures of funds or property which, in his opinion, are irregular, unnecessary, excessive, or
extravagant. He shall also perform such other functions as may be prescribed by law.

SEC. 3. The decisions of the Auditor General shall be rendered within the time 堀嘄xed by law, and the
same may be appealed to the President whose action shall be 堀嘄nal. When the aggrieved party is a
private person or entity, an appeal from the decision of the Auditor General may be taken directly to
a court of record in the manner provided by law.

SEC. 4. The Auditor General shall submit to the President and the National Assembly an annual
report covering the 堀嘄nancial condition and operations of the Government, and such other reports
as may be required.

ARTICLE XI.—CIVIL SERVICE

SECTION 1. A Civil Service embracing all branches and subdivisions of the Government shall be
provided by law. Appointments in the Civil Service, except as to those which are policy-determining,
primarily con堀嘄dential or highly technical in nature, shall be made only according to merit and
堀嘄tness, to be determined as far as practicable by competitive examination.

SEC. 2. Of堀嘄cers and employees in the Civil Service, including members of the armed forces, shall
not engage directly or indirectly in partisan political activities or take part in any election except to
vote.

SEC. 3. No of堀嘄cer or employee of the Government shall receive additional or double compensation
unless speci堀嘄cally authorized by law.

SEC. 4. No of堀嘄cer or employee in the Civil Service shall be removed or suspended except for cause
as provided by law.

ARTICLE XII.—CONSERVATION AND UTILIZATION OF NATURAL RESOURCES

SECTION 1. All agricultural, timber, and mineral lands of the public domain, waters, minerals, coal,
petroleum, and other mineral oils, all forces or potential energy, and other natural resources of the
Philippines belong to the State, and their disposition, exploitation, development, or utilization shall
be limited to citizens of the Philippines, or to corporations or associations at least sixty per centum
of the capital of which is owned by such citizens, subject to any existing right, grant, lease, or
concession at the time of the inauguration of the Government established under this Constitution.
Natural resources, with the exception of public agricultural land, shall not be alienated, and no
license, concession, or lease for the exploitation, development, or utilization of any of the natural
resources shall be granted for a period exceeding twenty-堀嘄ve years, except as to water rights for
irrigation, water supply, 堀嘄sheries, or industrial uses other than the development of water power, in
which cases bene堀嘄cial use may be the measure and the limit of the grant.

SEC. 2. No private corporation or association may acquire, lease, or hold public agricultural lands in
excess of one thousand and twenty-four hectares, nor may any individual acquire such lands by
purchase in excess of one hundred and forty-four hectares, or by lease in excess of one thousand
and twenty-four hectares, or by homestead in excess of twenty-four hectares. Lands adapted to
grazing, not exceeding two thousand hectares, may be leased to an individual, private corporation,
or association.

SEC. 3. The National Assembly may determine by law the size of private agricultural land which
individuals, corporations, or associations may acquire and hold, subject to rights existing prior to
the enactment of such law.

SEC. 4. The National Assembly may authorize, upon payment of just compensation, the
expropriation of lands to be subdivided into small lots and conveyed at cost to individuals.

SEC. 5. Save in cases of hereditary succession, no private agricultural land shall be transferred or
assigned except to individuals, corporations, or associations quali堀嘄ed to acquire or hold lands of
the public domain in the Philippines.

SEC. 6. The State may, in the interest of national welfare and defense, establish and operate
industries and means of transportation and communication, and, upon payment of just
compensation, transfer to public ownership utilities and other private enterprises to be operated by
the Government.
 ARTICLE XIII.—GENERAL PROVISIONS

SECTION 1. The 琀爄ag of the Philippines shall be red, white, and blue, with a sun and three stars, as
consecrated and honored by the people and recognized by law.

SEC. 2. All public of堀嘄cers and members of the armed forces shall take an oath to support and
defend the Constitution.

SEC. 3. The National Assembly shall take steps toward the development and adoption of a
common national language based on one of the existing native languages. Until otherwise
provided by law, English and Spanish shall continue as of堀嘄cial languages.

SEC. 4. The State shall promote scienti堀嘄c research and invention. Arts and letters shall be under its
patronage. The exclusive right to writings and inventions shall be secured to authors and inventors
for a limited period.

SEC. 5. All educational institutions shall be under the supervision of and subject to regulation by
the State. The Government shall establish and maintain a complete and adequate system of public
education, and shall provide at least free public primary instruction, and citizenship training to adult
citizens. All schools shall aim to develop moral character, personal discipline, civic conscience, and
vocational ef堀嘄ciency, and to teach the duties of citizenship. Optional religious instruction shall be
maintained in the public schools as now authorized by law. Universities established by the State
shall enjoy academic freedom. The State shall create scholarships in arts, science, and letters for
specially gifted citizens.

SEC. 6. The State shall afford protection to labor, especially to working women and minors, and
shall regulate the relations between landowner and tenant, and between labor and capital in
industry and in agriculture. The State may provide for compulsory arbitration.

SEC. 7. The National Assembly shall not, except by general law, provide for the formation,
organization, or regulation of private corporations, unless such corporations are owned or
controlled by the Government or any subdivision or instrumentality thereof.

SEC. 8. No franchise, certi堀嘄cate, or any other form of authorization for the operation of a public
utility shall be granted except to citizens of the Philippines or to corporations or other entities
organized under the laws of the Philippines, sixty per centum of the capital of which is owned by
citizens of the Philippines, nor shall such franchise, certi堀嘄cate, or authorization be exclusive in
character or for a longer period than 堀嘄fty years. No franchise or right shall be granted to any
individual, 堀嘄rm, or corporation, except under the condition that it shall be subject to amendment,
alteration, or repeal by the National Assembly when the public interest so requires.

SEC. 9. The Government shall organize and maintain a national police force to preserve public
order and enforce the law.

SEC. 10. This Constitution shall be of堀嘄cially promulgated in English and Spanish, but in case of
con琀爄ict the English text shall prevail.

ARTICLE XIV.—AMENDMENTS

SECTION 1. The National Assembly, by a vote of three-fourths of all its Members, may propose
amendments to this Constitution or call a convention for that purpose. Such amendments shall be
valid as part of this Constitution when approved by a majority of the votes cast at an election at
which the amendments are submitted to the people for their rati堀嘄cation.

ARTICLE XV.—TRANSITORY PROVISIONS

SECTION 1. The 堀嘄rst election of the of堀嘄cers provided in this Constitution and the inauguration of
the Government of the Commonwealth of the Philippines shall take place as provided in Public Act
Numbered One hundred and twenty-seven of the Congress of the United States, approved March
twenty-four, nineteen hundred and thirty-four.

SEC. 2. All laws of the Philippine Islands shall continue in force until the inauguration of the
Commonwealth of the Philippines; thereafter, such laws shall remain operative, unless inconsistent
with this Constitution, until amended, altered, modi堀嘄ed, or repealed by the National Assembly, and
all references in such laws to the Government or of堀嘄cials of the Philippine Islands shall be
construed, in so far as applicable, to refer to the Government and corresponding of堀嘄cials under this
Constitution.

SEC. 3. All courts existing at the time of the adoption of this Constitution shall continue and
exercise their jurisdiction, until otherwise provided by law in accordance with this Constitution, and
all cases, civil and criminal, pending in said courts, shall be heard, tried and determined under the
laws then in force.
SEC. 4. All of堀嘄cers and employees in the existing Government of the Philippine Islands shall
continue in of堀嘄ce until the National Assembly shall provide otherwise, but all of堀嘄cers whose
appointments are by this Constitution vested in the President shall vacate their respective of堀嘄ces
upon the appointment and quali堀嘄cation of their successors, if such appointment is made within a
period of one year from the date of the inauguration of the Commonwealth of the Philippines.

SEC. 5. The Members of the National Assembly for theMountainProvinceshall be elected as may
be provided by law. The voters of municipalities and municipal districts formerly belonging to a
special province and now forming part of regular provinces shall vote in the election for Members
of the National Assembly in such districts as may be provided by law.

SEC. 6. The provisions of this Constitution, except those contained in this article and in Article V,
and those which refer to the election and quali堀嘄cations of of堀嘄cers to be elected under this
Constitution, shall not take effect until the inauguration of the Commonwealth of the Philippines.

ARTICLE XVI.—SPECIAL PROVISIONS EFFECTIVE UPON THE PROCLAMATION OF THE

INDEPENDENCE OF THE PHILIPPINES.

SECTION 1. Upon the proclamation of the President of the United States recognizing the
independence of the Philippines—

(1) The property rights of the United States and the Philippines shall be promptly adjusted and
settled, and all existing property rights of citizens or corporations of the United States shall be
acknowledged, respected, and safeguarded to the same extent as property rights of citizens of
the Philippines.

(2) The of堀嘄cials elected and serving under this Constitution shall be constitutional of堀嘄cers of
the free and independent government of the Philippines and quali堀嘄ed to function in all respects
as if elected directly under such Government, and shall serve their full terms of of堀嘄ce as
prescribed in this Constitution.

(3) The debts and liabilities of the Philippines, its provinces, cities, municipalities, and
instrumentalities, which shall be valid and subsisting at the time of the 堀嘄nal and complete
withdrawal of the sovereignty of the United States, shall be assumed by the free and
independent government of the Philippines; and where bonds have been issued under
authority of an Act of Congress of the United States by the Philippine Islands, or any province,
 city, or municipality therein, the Government of the Philippines will make adequate provision for
the necessary funds for the payment of interest and principal, and such obligations shall be a
堀嘄rst lien on all taxes collected.

(4) The Government of the Philippines will assume all continuing obligations of the United
States under the Treaty of Peace withSpainceding the Philippine Islands to the United States.

ARTICLE XVII.—THE COMMONWEALTH AND THE REPUBLIC

SECTION 1. The government established by this Constitution shall be known as the

Commonwealth of the Philippines. Upon the 堀嘄nal and complete withdrawal of the sovereignty of
the United States and the proclamation of Philippine independence, the Commonwealth of the
Philippines shall thenceforth be known as the Republic of the Philippines.

ORDINANCE APPENDED TO THE CONSTITUTION

SECTION 1. Notwithstanding the provisions of the foregoing Constitution, pending the 堀嘄nal and
complete withdrawal of the sovereignty of the United States over the Philippines—

(1) All citizens of the Philippines shall owe allegiance to the United States.

(2) Every of堀嘄cer of the Government of the Commonwealth of the Philippines shall, before

entering upon the discharge of his duties, take and subscribe an oath of of堀嘄ce, declaring,
among other things, that he recognizes and accepts the supreme authority of and will maintain
true faith and allegiance to the United States.

(3)Absolute toleration of religious sentiment shall be secured and no inhabitant or religious

organization shall be molested in person or property on account of religious belief or mode or
worship.

(4) Property owned by the United States, cemeteries, churches, and parsonages or convents
appurtenant thereto, and all lands, buildings, and improvements used exclusively for religious,
charitable, or educational purposes shall be exempt for taxation.
(5) Trade relations between the Philippines and the United States shall be upon the basis
prescribed in section six of Public Act Numbered One hundred and twenty-seven of the
Congress of the United States approved March twenty-four, nineteen hundred and thirty-four.

(6) The public debt of the Philippines and its subordinate branches shall not exceed limits now
or hereafter 堀嘄xed by the Congress of the United States, and no loans shall be contracted in
foreign countries without the approval of the President of the United States.

(7) The debts, liabilities, and obligations of the present Government of the Philippine Islands,
its provinces, municipalities, and instrumentalities, valid and subsisting at the time of the
adoption of the Constitution, shall be assumed and paid by the Government of the
Commonwealth of the Philippines.

(8) The Government of the Commonwealth of the Philippines shall establish and maintain an
adequate system of public schools, primarily conducted in the English language.

(9) Acts affecting currency, coinage, imports, exports, and immigration shall not become law
until approved by the President of the United States.

(10) Foreign affairs shall be under the direct supervision and control of the United States.

(11) All acts passed by the National Assembly of the Commonwealth of the Philippines shall
be reported to the Congress of the United States.

(12) The Philippines recognizes the right of the United States to expropriate property for public
uses, to maintain military and other reservations and armed forces in the Philippines, and,
upon order of the President of the United States, to call into the service of such armed forces
all military forces organized by the Government of the Commonwealth of the Philippines.

(13) The decisions of the courts of the Philippines shall be subject to review by the Supreme
Court of the United States as now provided by law, and such review shall also extend to all
cases involving the Constitution of the Philippines.

(14) Appeals from decisions of the Auditor General may be taken to the President of the United
States.
 (15) The United States may, by Presidential proclamation, exercise the right to intervene for the
preservation of the Government of the Commonwealth of the Philippines and for the
maintenance of the Government as provided in the Constitution thereof, and for the protection
of life, property, and individual liberty and for the discharge of Government obligations under
and in accordance with the provisions of the Constitution.

(16) The authority of the United States High Commissioner to the Government of the
Commonwealth of the Philippines as provided in Public Act Numbered One hundred and
twenty-seven of the Congress of the United States approved March twenty-four, nineteen
hundred and thirty-four, is hereby recognized.

(17) Citizens and corporations of the United States shall enjoy in the Commonwealth of the
Philippines all the civil rights of the citizens and corporations, respectively, thereof.

(18) Every duly adopted amendment to the Constitution of the Philippines shall be submitted
to the President of the United States for approval. If the President approve the amendment or if
the President fail to disapprove such amendment within six months from the time of its
submission, the amendment shall take effect as a part of such Constitution.

(19) The President of the United States shall have authority to suspend the taking effect of or
the operation of any law, contract, or executive order of the Government of the Commonwealth
of the Philippines, which in his judgment will result in a failure of the Government of the
Commonwealth of the Philippines to ful堀嘄ll its contracts, or to meet its bonded indebtedness
and interest thereon or to provide for its sinking funds, or which seems likely to impair the
reserves for the protection of the currency of the Philippines, or which in his judgment will
violate international obligations of the United States.

(20) The President of the Commonwealth of the Philippines shall make an annual report to the
President and Congress of the United States of the proceedings and operations of the
Government of the Commonwealth of the Philippines and shall make such other reports as the
President or Congress may request.

SEC. 2. Pending the 堀嘄nal and complete withdrawal of the sovereignty of the United States over the
Philippines, there shall be a Resident Commissioner of the Philippines to the United Stateswho
shall be appointed by the President of the Commonwealth of the Philippines with the consent of
the Commission on Appointments. The powers and duties of the Resident Commissioner shall be
as provided in section seven, paragraph 堀嘄ve of Public Act Numbered One hundred and twenty-
seven of the Congress of the United States, approved March twenty-four, nineteen hundred and
thirty-four, together with such other duties as the National Assembly may determine. The
quali堀嘄cations, compensation, and expenses of the Resident Commissioner shall be 堀嘄xed by law.

SEC. 3. All other provisions of Public Act Numbered One hundred and twenty-seven of the
Congress of the United States, approved March twenty-four, nineteen hundred and thirty-four,
applicable to the Government of the Commonwealth of the Philippines are hereby made a part of
this Ordinance as if such provisions were expressly interested herein.

I HEREBY CERTIFY that this Constitution was adopted by the Constitutional Convention on
February 8, 1935.

(Sgd.) CLARO M. RECTO

President, Constitutional Convention

ATTEST:

(Sgd.) N. PIMENTEL

Secretary, Constitutional Convention

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