federalism

THE CONSTITUTION OF THE FEDERAL REPUBLIC OF THE PHILIPPINES

PREAMBLE

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy, tinder the rule of law and a regime of truth, justice, freedom, equality, and peace, do ordain and promulgate this Constitution.

ARTICLE I

National Territory

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty, sovereign rights, or jurisdiction, consisting of its terrestrial, fluvial, aerial, and maritime domains which shall include all territorial islands, waters, and airspace recognized under our domestic laws, international laws and conventions, and judgments of competent international courts and tribunals. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.

ARTICLE II

Declaration of Principles and State Policies

Principles

Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the Filipino people and all government authority emanates from them. The State shall recognize regional autonomy towards federalism within the framework of national unity and the Constitution.

Sec. 2. The State renounces war as an instrument of national policy, condemns any act of terrorism, and adopts the generally accepted principles of international law as part of the law of the land.

Sec. 3. Civilian authority is, at all times, supreme over the military. The Government of the Philippines is the protector of the people and the State. The goal of the Armed Forces of the Philippines is to secure the sovereignty of the State and to safeguard the integrity of the national territory.

Sec. 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the Filipino people to defend the State and, in the fulfillment thereof, require the citizens, under conditions provided by law, to render personal, military, or civil service.

Sec. 5. The maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are essential for all the Filipino citizens to enjoy the blessings of democracy.

Sec. 6. The separation of church and State shall be inviolable. Relations between them shall be governed by benevolent neutrality.

State Policies

Sec. 7. The State shall pursue an independent foreign policy. In its relations with other States, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination.

Sec. 8. The State, consistent with the national interest, shall adopt and pursue a policy of freedom from nuclear weapons in its territory.

Sec. 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services and promote full employment, a rising standard of living, and an improved quality of life.

Sec. 10. The State shall give the highest priority to the enactment of measures that protect and enhance the right of every person to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably distributing wealth and diffusing political power for the common good. It shall promote social justice in all phases of national development.

Sec. 11. The State shall recognize the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government.

Sec. 12. The State shall recognize the vital role of the youth in nation-building and shall promote and protect their physical, intellectual, social, moral, and spiritual well-being. It shall inculcate patriotism and nationalism and encourage their involvement in public and civic affairs.

Sec. 13. The State shall recognize the role of women in nation-building and shall ensure the fundamental equality of women and men before the law.

Sec. 14. The State shall protect and promote the right to health of the people and instill health consciousness in them.

Sec. 15. The State shall protect and advance the right of the people to a balanced and healthful ecology.

Sec 16. The State shall give priority to education, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development. The State shall protect and promote the right of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all.

Sec. 17. The State shall foster the preservation, enrichment, and evolution of a Filipino national culture based on the principle of unity in diversity in a climate of free artistic and intellectual expression.

Sec. 18. The State shall give priority to research and development, invention, innovation, and their utilization. It shall likewise give priority to science and technology education, training, and services, and support indigenous, appropriate, and self-reliant scientific and technological capabilities, and their application to the country’s productive systems and national life.

Sec. 19. The State shall protect the rights of labor, promote employment opportunities, and pursue the economic goal of full employment. Well-established rights shall include the right of workers to self-organization, collective bargaining and negotiation, and peaceful concerted activities, including the right to strike in accordance with law. Workers shall enjoy equitable treatment and freedom from discrimination on matters of employment tenure, working conditions, and wage levels. The State shall regulate worker-employer relations with the objectives of promoting shared responsibility between workers and employers.

Sec. 20. The State shall promote the development of a dynamic and productive economy where opportunities, income, and wealth are equitably distributed.

Sec. 21. The State shall recognize the indispensable role of the private sector, encourage private enterprise, and provide incentives to needed investments.

Sec. 22. The State shall promote rural development, higher agricultural productivity, and equitable land ownership arrangements.

Sec. 23. The State shall recognize and promote the rights of indigenous peoples and cultural communities within the framework of national unity and development.

Sec. 24. The State shall recognize the vital role of learning and communication in nation-building and shall promote the joint development of languages and cultures, to enrich the people’s lives and strengthen national unity.

Sec. 25. The State shall guarantee equal access to opportunities for public service.

Sec. 26. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.

Sec. 27. Subject to reasonable conditions prescribed by law, the State shall adopt and implement a policy of full public disclosure of all its transactions involving public interest.

ARTICLE III

Bill of Rights

Section 1. The natural right to protect oneself shall always be respected by the State.

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.

Sec. 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he or she may produce, and particularly describing the place to be searched and the persons or things to be seized.

Sec. 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.

(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.

Sec. 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.

Sec. 5. No law shall be made respecting an establishment of religion or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.

Sec. 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.

Sec. 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.

Sec. 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.

Sec. 9. Private property shall not be taken for public use without just compensation. Sec. 10. No law impairing the obligation of contracts shall be passed. Sec. 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.

Sec. 12. (1) All persons under investigation for the commission of an offense shall have the right to be informed of their right to remain silent and to have competent and independent counsel preferably of their own choice. If they cannot afford the services of counsel, they must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against them. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against them.

(4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices, and their families.

Sec. 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.

Sec 14 (1) No person shall be held to answer for a criminal offense without due process of law.

(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by themselves and counsel, to be informed of the nature and cause of the accusation against them, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in their behalf However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that they have been duly notified and their failure to appear is unjustifiable.

Sec. 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it.

Sec. 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies

Sec. 17. No person shall be compelled to be a witness against himself or herself.

Sec. 18. (1) No person shall be detained solely by reason of his or her political beliefs and aspirations.

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

Sec. 19. (1) Excessive fines shall not be imposed, nor shall cruel, degrading, or inhuman punishment be inflicted. Neither shall the death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it.

(2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.

Sec. 20. No person shall be imprisoned for debt or non-payment of a poll tax.

Sec. 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.

Sec. 22. No ex post facto law or bill of attainder shall be enacted.

ARTICLE IV

Bill of Duties

Section 1. It shall be the duty of every citizen to be loyal to the Republic of the Philippines, honor the Philippine flag, defend the State, contribute to its development and welfare, uphold the constitution and obey the laws, pay taxes, and cooperate with the duly constituted authorities in the attainment and maintenance of the rule of law and of a peaceful, just, humane, and orderly society.

Sec. 2. The rights of the individual impose upon him or her the correlative duty to exercise them responsibly and with due regard for the rights of others.

Sec. 3. Citizens shall at all times respect the life and dignity of every person and uphold human rights.

Sec. 4. Citizens shall participate actively in public and civic affairs, contribute to good governance, honesty, and integrity in the public service, and the vitality and viability of democracy.

ARTICLE V

Citizenship

Section I. The following are citizens of the Philippines:

(1) Those who are citizens of the Philippines at the time of the adoption of this Constitution;

(2) Those whose fathers or mothers are citizens of the Philippines;

(3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and

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

Sec. 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.

Sec. 3. Philippine citizenship may be lost or reacquired in the manner provided by law.

Sec 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission, they are deemed, under the law, to have renounced it.

Sec 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by

ARTICLE VI

Suffrage

Section 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, and, except for qualified Filipinos abroad under the system for absentee voting or as may be provided by law, shall have domiciled in the Philippines for at least one year, and in the place wherein they propose to vote, for at least six months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.

Sec 2. The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absentee voting by qualified Filipinos abroad.

The Congress shall also design a procedure for the disabled and the illiterates to vote without the assistance of other persons. Until then, they shall be allowed to vote under existing laws and such rules as the Commission on Elections may promulgate to protect the secrecy of the ballot.

ARTICLE VII

Political Parties

Section 1. The State shall adopt and develop a two-party system as a mechanism of representation and democratic governance. The political parties shall be registered with the Commission on Elections which shall ensure that each political party has duly adopted its program and platform of Government. Religious denominations and sects shall be refused registration. Those which seek to achieve their goals through violence or unlawful means, or refuse to uphold and adhere to this Constitution, or which are supported by any foreign government, shall likewise be refused registration.

Financial contributions from foreign governments and their agencies to political parties, organizations, coalitions, or candidates related to elections, constitute interference in national affairs, and, when accepted, shall be an additional ground for the cancellation of their registration with the Commission, in addition to other penalties that may be prescribed by law.

Sec. 2. (1) The Congress shall, by law, establish the institutionalization of a two-party system that shall serve as a mechanism of communication and cooperation between the citizens and the State, facilitate political organization and representation, and continuously form, formulate, and ultimately develop an informed public opinion.

(2) As a democratic public institution, political parties shall develop a system of administration that is aimed at developing the parties’ professional bureaucracy and membership. They shall observe fair, honest, and democratic processes in nominating and selecting party officials and candidates for public office. They shall ensure the integrity, loyalty, and discipline of their members.

(3) The first two dominant parties which garnered most of the electoral seats in the first national elections under this Constitution shall be the official parties that will represent under the two-party system. The congress shall, by law, thereafter provide for the details and mechanics that will govern the ensuing elections under the new system. (4) The Congress shall, by law, provide for mechanisms to make sure that the political parties are given a definite period of free space on broadcast and print media and other similar platforms during the election period.

Sec. 3. The political affiliation of any elective public officer shall not be changed during the term of office and the political affiliation of any candidate for an elective office shall not be changed within six months immediately preceding or following an election. An elected official shall be deemed to have forfeited the respective office in violation of this prohibition.

ARTICLE VIII

The Legislative Department

Section 1. The legislative power is vested in the Congress, which shall consist of a Senate and a House of Representatives.

The people, pursuant to the provisions on initiative, plebiscite, and referendum, may directly exercise legislative power.

Sec 2. (1) The House of Representatives shall be composed of not more than three hundred (300) members.

(2) Eighty per centum (80%) of the members of the House of Representatives shall be elected by majority vote where each legislative electoral district shall have one (1) seat in the Congress.

(3) The remaining twenty per centum (20%) of the members of the House of Representatives shall be elected through a party-list system of registered sectoral parties or organizations. The party-list representatives shall be elected at large. They shall represent the marginalized sectors of Philippine society which shall include labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and seafarers. The Congress shall pass a law that shall ensure that each sector shall be represented by at least one (1) party-list.

(4) Legislative districts shall be apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants on the basis of a uniform progressive ratio as may be provided by law. (5) Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. Each province, or city with a population of at least three hundred fifty thousand (350,000) shall have at least one (1) member of the Congress. However, this shall not affect the existing legislative districts which have less than three hundred fifty thousand (350,000) population, yet have more than one (1) district

(6) Within three (3) years following the return of every census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section.

Sec. 3. No person shall be a Member of the House of Representatives unless he or she is a natural-born citizen of the Philippines and, on the day of the election, is at least twenty-five (25) years of age, holder of a college degree, and, except the party-list representatives, a registered voter in the district in which he or she shall be elected, and domiciled therein for a period of not less than one (1) year immediately preceding the day of the election.

Sec. 4. The Members of the House of Representatives shall be elected for a term of four (4) years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June following their election.

Sec. 5. The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.

Sec. 6. No person shall be a Senator unless he or she is a natural-born citizen of the Philippines and, on the day of the election, is at least thirty-five (35) years of age, holder of a college degree, and a registered voter and domiciled in the Philippines for not less than two (2) years immediately preceding the day of the election.

Sec. 7. The Members of the Senate shall be elected for a term of four (4) years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his or her service for the full term of which he or she was elected.

Sec. 8. The educational requirement in this article shall not apply to those already elected as Members of Congress before the ratification of this constitution.

Sec. 9. Unless otherwise provided by law, the regular election of the Members of the House of Representatives and Senators shall be held on the second Monday of May.

Sec. 10. In case of vacancy in Congress, a special election may be called to fill such vacancy, but the Members of Congress thus elected shall serve only for the unexpired term.

Sec. 11. The salaries of Members of Congress shall be determined by law. No increase in said compensation shall take effect until after the expiration of the full term of all the Members of Congress approving such increase.

Sec. 12. A Member of Congress shall, in all offenses punishable by not more than six (6) years imprisonment, be privileged from arrest while the Congress is in session. No Member of the House of Representatives or Senator shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof.

Sec. 13. All Members of Congress shall, upon assumption of office, make a full disclosure of their financial and business interests. They shall notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors.

Sec. 14. Members of Congress may not hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during their term without forfeiting their seat; neither shall they be appointed to any office which may have been created or the emoluments thereof increased during the term for which they were elected.

Sec. 15. Members of Congress may not personally appear as counsel before any court of justice or before the electoral tribunal, or any quasi-judicial and other administrative bodies; neither shall they, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by the government, or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation, or its subsidiary, during their term of office. they shall not intervene in any matter before any office of the government for his or her pecuniary benefit or where lie may be called upon to act on account of his or her office.

Sec. 16. The Congress shall convene once every year on the fourth Monday of July for its regular session, unless a different date is fixed by law, and shall continue to be in session for such number of days as it may determine until thirty (30) days before the opening of its next regular session, exclusive of Saturdays, Sundays, and legal holidays. The President may call a special session at any time.

Sec. 17. (1) The House of Representatives shall elect its Speaker, and the Senate its president, by a majority vote of all their respective members. The House of Representatives and the Senate shall choose such other officers as both houses may deem necessary.

(2) A majority of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as such House may provide. The majority vote of the House of Representatives or the Senate shall mean the votes by the majority of the members present in the session of the House of Representatives or the Senate, provided that there is a quorum. Such majority vote shall be sufficient to constitute approval or concurrence unless otherwise provided in the Constitution.

(3) Each House may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with the concurrence of two-thirds (2/,) of all its Members, suspend or expel a Member. A penalty of suspension, when imposed, shall not exceed sixty (60) days.

(4) Each House shall keep a Journal of its proceedings, and from time to time publish the same, excluding such parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-fifth (1/4) of the Members present, be entered in the Journal. Each House shall also keep a Record of its proceedings.

Sec. 18. The Congress shall have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of its Members. The Tribunal shall be composed of nine (9) members: two (2) members each from the House of Representatives and from the Senate, who shall be chosen on the basis of proportional representation from the registered and recognized political parties, and five (5) justices of the Supreme Court to be designated by the presiding Chief Justice. The most senior justice in the electoral tribunal shall be its Chairperson.

Sec. 19. There shall be a Commission on Appointments consisting of the Speaker of the House of Representatives as ex officio Chairperson, twelve (12) members of the House of Representatives, and twelve (12) Senators elected by each House on the basis of proportional representation from the political parties. The Chairperson of the Commission shall not vote except in case of a tie. The Commission shall act on all appointments submitted to it within thirty (30) session days of the Congress from their submission. The Commission shall rule by a majority vote of all the Members.

Sec. 20. The Electoral Tribunal and the Commission on Appointments shall be constituted within thirty (30) days after the House of Representatives and the Senate shall have been organized with the election of the Speaker and the Senate President. The Commission on Appointments shall meet only while the Congress is in session, at the call of its Chairperson or a majority of all its Members, to discharge such powers and functions as are herein conferred upon it.

Sec. 21. The records and books of accounts of the Congress shall be preserved and be open to the public in accordance with law, and such books shall be audited by the Commission on Audit which shall publish annually an itemized list of amounts paid to and expenses for each Member.

Sec. 22. The House of Representatives or the Senate, within its powers vested under the Constitution, or any of its respective committees, may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in, or affected by, such inquiries shall be respected.

Sec. 23. There shall be a question hour as often as may be necessary and as the rules of the congress may provide, which shall be included in the agenda of both Houses, during which the cabinet secretaries shall appear and answer questions and interpellations by Members of the Congress. The question hour may be held at any time while the Congress is in session.

Sec. 24. (1) The Congress, by a vote of two-thirds (24) of both Houses in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war.

(2) In times of war or other national emergency, the Congress may, by law, authorize the President for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof.

Sec. 25. All appropriation, revenue or tariff bills, bills authorizing increase of the public debt and private bills shall originate exclusively in the House of Representatives, but the Senate may concur with or propose amendments to such bills.

Sec. 26. (1) The Congress may not increase the appropriations recommended by the President for the operation of the Government as specified in the budget, except the appropriations for the Congress and the judicial department. The form, content, and manner of preparation of the budget shall he prescribed by law.

(2) No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein: and any such provision or enactment shall be limited in its operation to such appropriation.

(3) The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving appropriations for other departments and agencies.

(4) A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposal therein.

(5) No law shall be passed authorizing any transfer of appropriations; however, the President, the Speaker of the House of Representatives, the President of the Senate, the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations.

(6) Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law.

(7) If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed re-enacted and shall remain in force and effect until the general appropriations bill is passed by the Congress.

Sec. 27. (1) Every bill passed by the Congress shall embrace only one (1) subject which shall be expressed in the title thereof.

(2) No bill passed by either House shall become a law unless it has passed three (3) readings on separate days, and printed copies thereof in its final form have been distributed to its members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal.

(3) There shall be a bicameral conference committee composed of members chosen by each House that shall reconcile conflicting provisions of the bill passed by each House. The reconciled version shall be subject to vote by each house in accordance with their respective rules.

Sec. 28. (1) Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he or she approves the same he or she shall sign it; otherwise, he or she shall veto it and return the same with his or her objections to the House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds (%) of all the Members of such house shall agree to pass the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds (%) of all the Members of that House, it shall become a law. In all such cases, the votes of each House shall be determined by yeas or nays, and the names of the Members voting for or against shall be entered in its Journal. The President shall communicate his or her veto of any bill to the House where it originated within thirty (30) days after the date of receipt thereof, otherwise, it shall become a law as if he or she had signed it.

(2) The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he or she does not object.

ARTICLE IX

The Executive Department

Section 1. The executive power shall be vested in the President of the Philippines.

Sec. 2. No person shall be elected President unless he or she is a natural-born citizen of the Philippines, a registered voter, at least forty-five (45) years of age on the day of the election, holder of a college degree, and domiciled in the Philippines for at least ten (10) years immediately preceding such election.

Sec. 3. There shall be a Vice-President who shall have the same qualifications and term of office and be elected with and in the same manner as the President. He or she may be removed from office in the same manner as the President.

The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no confirmation.

Sec. 4. The President and the Vice President shall be elected by direct vote of the people for a term of four (4) years, which shall begin at noon on the thirtieth day of June following the day of the election and shall end at noon on the same date four (4) years thereafter.

Both the President and Vice President shall be eligible for reelection to one (1) term. A person who has succeeded to the office of the President and has served as such for at least two (2) years and has been elected as President for a fresh term shall be ineligible for election to the same office at any other time.

No person shall be elected to the office of the President for more than two terms.

The President and the Vice President must be from the same party and shall be elected as a team. A vote for the presidential candidate shall be counted as a vote for his or her vice presidential candidate.

No Vice President shall serve for more than two (2) consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which he or she was elected.

Unless otherwise provided by law, the regular election for President and Vice President shall be held on the second Monday of May.

The returns of every election for President and Vice President, duly certified by the board of canvassers of each province or city, shall be transmitted to the Congress, directed to the President of the Senate. Upon receipt of the certificates of canvass, the President of the Senate shall, not later than thirty (30) days after the day of the election, open all certificates in the presence of the Senate and the House of Representatives in joint public session, and the Congress, upon determination of the authenticity and due execution thereof in the manner provided by law, canvass the votes. The person having the highest number of votes shall be proclaimed elected, but in case two (2) or more shall have an equal and highest number of votes, one of them shall forthwith be chosen by the vote of a majority of all the Members of both Houses of the Congress, voting separately.

The Congress shall promulgate its rules for the canvassing of the certificates. The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election, returns, and qualifications of the President or Vice President, and may promulgate its rules for the purpose.

Sec. 5. Before they enter on the execution of their office, the President. the Vice President, or the Acting President shall take the following oath or affirmation:

“I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as President (or Vice President or Acting President) of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man, and consecrate myself to the service of the Nation. So help me God.” (In case of affirmation, last sentence will be omitted.)

Sec. 6. The President shall have an official residence. The salaries of the President and Vice-President shall be determined by law and shall not be decreased during their tenure. No increase in said compensation shall take effect until after the expiration of the term of the incumbent during which such increase was approved. They shall not receive during their tenure any other emolument from the Government or any other source.

Sec. 7. The President-elect and the Vice President-elect shall assume office at the beginning of their terms.

If the President-elect fails to qualify, the Vice President-elect shall act as President until the President-elect shall have qualified.

If a President shall not have been chosen, the Vice President-elect shall act as President until a President shall have been chosen and qualified.

If at the beginning of the term of the President, the President-elect shall have died or shall have become permanently disabled, the Vice President-elect shall become President.

Where no President and Vice President shall have been chosen or shall have qualified, or where both shall have died or become permanently disabled, the President of the Senate or, in case of his or her inability, the Speaker of the House of Representatives shall act as President until a President or a Vice President shall have been chosen and qualified.

The Congress shall, by law, provide for the manner in which one who is to act as President shall be selected until a President or a Vice President shall have qualified, in case of death, permanent disability, or inability of the officials mentioned in the next preceding paragraph.

Sec. 8. In case of death, permanent disability, removal from office, or resignation of the President, the Vice President shall become the President to serve the unexpired term. In case of death, permanent disability, removal from office, or resignation of both the President and Vice President, the President of the Senate or, in case of his or her inability, the Speaker of the House of Representatives, shall then act as President until the President or Vice President shall have been elected and qualified. The Congress shall, by law, provide who shall serve as President in case of death, permanent disability, or resignation of the Acting President. He or she shall serve until the President or the Vice President shall have been elected and qualified, and be subject to the same restrictions of powers and disqualifications as the Acting President.

Sec. 9. Whenever there is a vacancy in the Office of the Vice President during the term for which he or she was elected, the President shall nominate a Vice President from among the Members of the House of Representatives and the Senate who shall assume office upon confirmation by a majority vote of all the Members of both Houses of the Congress, voting separately.

Sec. 10. The Congress shall, at ten o’clock in the morning of the third day after the vacancy in the offices of the President and Vice President occurs, convene in accordance with its rules without need of a call and within seven days enact a law calling for a special election to elect a President and a Vice President to be held not earlier than forty-five (45) days nor later than sixty (60) days from the time of such call. The bill calling such special election shall be deemed certified under paragraph 2, Section 27, Article VIII of this Constitution and shall become law upon its approval on third reading by the Congress. Appropriations for the special election shall be charged against any current appropriations and shall be exempt from the requirements of paragraph 4, Section 26, Article VIII of this Constitution. The convening of the Congress cannot be suspended nor the special election postponed. No special election shall be called if the vacancy occurs within eighteen months before the date of the next presidential election.

Sec. 11. Whenever the President transmits to the Speaker of the House of Representatives and the President of the Senate his or her written declaration that he or she is unable to discharge the powers and duties of his or her office, and until he or she transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Whenever a majority of all the Members of the Cabinet transmit to the Speaker of the House of Representatives and the President of the Senate their written declaration that the President is unable to discharge the powers and duties of his or her office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the Speaker of the House of Representatives and the President of the Senate his or her written declaration that no inability exists, he or she shall reassume the powers and duties of his or her office. Meanwhile, should a majority of all the Members of the Cabinet transmit within five (5) days to the Speaker of the House of Representatives and the President of the Senate their written declaration that the President is unable to discharge the powers and duties of his or her office. the Congress shall decide the issue. For that purpose, the Congress shall convene, if it is not in session, within forty-eight (48) hours, in accordance with its rules and without need of call.

If the Congress, within ten (10) days after receipt of the last written declaration, or, if not in session, within twelve days after it is required to assemble, determines by a two-thirds (2/3) vote of both Houses, voting separately, that the President is unable to discharge the powers and duties of his or her office, the Vice President shall act as the President; otherwise, the President shall continue exercising the powers and duties of his or her office.

Sec. 12. In case of serious illness of the President, the public shall be informed of the State of his or her health. The Members of the Cabinet in charge of national security and foreign relations and the Chief of Staff of the Armed Forces of the Philippines, shall not be denied access to the President during such illness.

Sec. 13. The President, Vice President, the Members of the Cabinet, and their deputies or assistants shall not, unless otherwise provided in this Constitution, hold any other office or employment during their tenure. They shall not, during said tenure, directly or indirectly, practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the Government or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office.

The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall not during his or her tenure be appointed as members of the Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries. Undersecretaries, chairpersons or heads of bureaus or offices, including government-owned or controlled corporations and their subsidiaries.

Sec. 14. Appointments extended by an Acting President shall remain effective, unless revoked by the elected President within ninety (90) days from his or her assumption or reassumption of office.

Sec. 15. Two (2) months immediately before the next presidential elections and up to the end of his or her term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety.

Sec. 16. The President shall nominate and. with the consent of the Commission on Appointments, appoint the following: (1) Heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him or her in this Constitution.

(2) The Ombudsman and his or her deputies, and the chairpersons and members of the constitutional commissions; and

(3) All other officers of the Government whose appointments are not otherwise provided for by law, and those whom he or she may be authorized by law to appoint The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards. The President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be effective only until after disapproval by the Commission on Appointments or until the next adjournment of the Congress. Sec. 17. The President shall have control over all the executive departments, bureaus, and offices. He or she shall ensure that the laws are faithfully executed.

Sec. 18. The President shall be the Commander-in-Chief of all armed forces of the Philippines and, whenever it becomes necessary, may call out such armed forces to prevent or suppress lawless violence, invasion, or rebellion In case of invasion, rebellion, or lawless violence when the public safety requires it, he or she may, for a period not exceeding sixty (60) days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight (48) hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it. The Congress, if not in session, shall, within twenty-four (24) hours following such proclamation or suspension, convene in accordance with its rules without any need of a call. The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision thereon within thirty (30) days from its filing.

A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ.

The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with the invasion.

During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially charged within three (3) days, otherwise he or she shall be released.

Sec. 19. Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves, commutations and pardons, and remit fines and forfeitures, after conviction by final judgment.

He or she shall also have the power to grant amnesty with the concurrence of a majority of all the Members of the Congress voting separately.

Sec. 20. The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior concurrence of the Monetary Board, and subject to such limitations as may be provided by law. The Monetary Board shall, within thirty (30) days from the end of every quarter of the calendar year, submit to the Congress a complete report of its decisions on applications for loans to be contracted or guaranteed by the Government or government-owned and controlled corporations which would have the effect of increasing the foreign debt, and containing other matters as may be provided by law.

Sec. 21. No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds (%) of all the Members of the Senate.

No foreign military bases, troops, and facilities shall be allowed in the Philippines except under a treaty duly concurred in by the Senate and, when the Congress so requires, ratified by the majority of the votes cast by the people in a national referendum held for that purpose, and recognized as a treaty by the other contracting state.

Sec. 22. The President shall submit to the Congress within thirty (30) days from the opening of every regular session, as the basis of the general appropriations bill, a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures.

Sec. 23. The President shall address the Congress at the opening of its regular session. He or she may also appear before it at any other time.

ARTICLE X

The Judiciary

Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law.

Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.

Sec. 2. The Congress shall have the power to define, prescribe, and apportion the jurisdiction of the various courts but may not deprive the Supreme Court of its jurisdiction over cases enumerated in Section 5 of this article. No law shall be passed reorganizing the judiciary when it undermines the security of tenure of its members.

Sec. 3. The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be reduced by the legislature below the amount appropriated for the previous year and, after app approval, shall be automatically and regularly released.

Sec. 4. No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he or she is a natural-born citizen of the Philippines. A Member of the Supreme Court must be at least forty years of age, and must have been for fifteen (15) years or more, a judge of a lower court or engaged in the practice of law in the Philippines.

Sec 5. The Supreme Court shall have the following powers:

(1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.

(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in:

All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question. Original jurisdiction over petitions for quo warranto, writs of habeas corpus, amparo, habeas data, and kalikasan and such other special proceedings as the law or the rules of court may provide.
All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.
All cases in which the jurisdiction of any lower court is in issue.
All criminal cases in which the penalty imposed is reclusion perpetua or higher.
All cases in which only an error or question of law is involved.

(3) Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not exceed six months without the consent of the judge concerned.

(4) Order a change of venue or place of trial to avoid a miscarriage of justice.

(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.

(6) Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.

Sec 6. (1) The Supreme Court shall be composed of a Chief Justice and fourteen (14) Associate Justices. It may sit en banc or in its discretion, in division of three (3), five (5), or seven (7) Members. Any vacancy shall be filled within ninety (90) days from such vacancy. (2) All cases involving the constitutionality of a treaty, international or executive agreement, or law, which shall be heard by the Supreme Court en banc, and all other cases which under the Rules of Court are required to be heard en banc, including those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations, shall be decided with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon. (3) Cases or matters heard by a division shall be decided or resolved with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon, and in no case, without the concurrence of at least three of such Members. When the required number is not obtained, the case shall be decided en banc: Provided, that no doctrine or principle of law laid down by the court in a decision rendered en banc or in division may be modified or reversed except by the court sitting en banc.

Sec 7. The Supreme Court shall have administrative supervision over all courts and the personnel thereof.

(2) The Congress shall prescribe the qualifications of judges of lower courts, but no person may be appointed judge thereof unless he or she is a citizen of the Philippines and a member of the Philippine Bar.

(3) A Member of the Judiciary must be a person of proven competence, integrity, probity, and independence.

Sec 8. There shall be a Judicial Appointments and Disciplinary Council composed of the following ex-officio members:

(1) Chief Justice of the Supreme Court:

(2) Court Administrator of the Supreme Court.

(3) A representative from the Senate belonging to the minority;

(4) A Representative from the House of Representatives belonging to the minority;

(5) Chairperson of the Civil Service Commission; and the

(6) Secretary of Justice;

The Council shall have the following regular members:

(1) A representative from the Integrated Bar of the Philippines;

(2) A law professor designated by the Philippine association of law schools; and

(3) A retired member of the Supreme Court to be designated by the Association of the Retired Justices of the Supreme Court. The regular members shall serve for a term of two (2) years without reappointment and their appointment shall not require confirmation. Any vacancy shall be filled within ninety (90) days from the occurrence thereof by the same appointing authority.

Sec 9. The Council shall have the principal function of recommending appointees to the judiciary. lt shall also have the following powers and duties:

(1) To conduct a thorough search and investigation to find the most qualified candidates for the vacant positions for all justices and judges;

(2) To recommend to the proper appointing authority the promotion or transfer of justices and judges;

(3) To investigate disciplinary cases filed against the members, officials, and employees of the judiciary. It shall submit its findings to the Supreme Court which shall have final disciplinary authority over their respective officials and employees;

(4) Promulgate its own rules and regulations and publish the same; and

(5) Perform other powers and functions as may be prescribed by law. Sec 10. The Members of the Supreme Court and justices and judges of the lower courts shall be appointed by the President from a list of at least three nominees prepared by the Judicial Appointments and Disciplinary Council for every vacancy. Such appointments need no confirmation.

Sec 11. The salary of the Chief Justice and of the Associate Justices of the Supreme Court, and of judges of lower courts shall be fixed by law. Sec 12. The Members of the Supreme Court shall hold office during good behavior for a term of ten (10) years or until they reach the age of seventy (70) years, whichever comes first, or become incapacitated to discharge the duties of their office. The Supreme Court en banc shall have the power to discipline judges of lower courts, or order their dismissal by a vote of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon.

Justices and judges of lower courts shall hold office during good behavior until they reach the age of seventy (70) or become incapacitated to discharge duties of their office.

Sec 13. The Members of the Supreme Court and of other courts established by law shall not be designated to any agency performing quasi-judicial or administrative functions.

Sec 14. The conclusions of the Supreme Court in any case submitted to it for decision en banc or in division shall be reached in consultation before the case is assumed to a Member for the writing of the opinion of the Court. A certification to this effect signed by the Chief Justice shall be issued and a copy thereof attached to the record of the case and served upon the parties. Any Member who took no part, or dissented, or abstained from a decision or resolution must state the reason therefor. The same requirements shall be observed by all lower collegiate courts.

Sec 15. No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based.

No petition for review or motion for reconsideration of a decision of the court shall be refused due course or denied without stating the legal basis therefor.

Sec 16. (1) All cases or matters filed after the effectivity of this Constitution must be decided or resolved within twenty-four (24) months from date of submission to the Supreme Court, and, unless reduced by the Supreme Court, twelve (12) months for all lower collegiate courts, and three (3) months for all other lower courts.

(2) A case or matter shall he deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the Rules of Court or by the court itself.

(3) Upon the expiration of the corresponding period, a certification to this effect signed by the Chief Justice or the presiding judge shall forthwith be issued and a copy thereof attached to the record of the case or matter, and served upon the parties. The certification shall state why a decision or resolution has not been rendered or issued within said period.

(4) Despite the expiration of the applicable mandatory period, the court, without prejudice to such responsibility as may have been incurred in consequence thereof, shall decide or resolve the case or matter submitted thereto for determination, without further delay.

Sec 17. The Supreme Court shall, within thirty (30) clays from the opening of each regular session of the Congress, submit to the President and the Congress an annual report on the operations and activities of the Judiciary.

ARTICLE XI

Constitutional Commissions

Common Provisions

Section 1. The Constitutional Commissions, which shall be independent, are the Civil Service Commission, the Commission on Elections, the Commission on Audit, and the Commission on Human Rights.

Sec. 2. No member of a Constitutional Commission shall, during his or her tenure, hold any other office or employment. Neither shall he or she engage in the practice of any profession or in the active management or control of any business which, in any way, may be affected by the functions of his or her office, nor shall he or she be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege ranted by the Government, any of its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations or their subsidiaries.

Sec. 3. The salary of the Chairperson and the Commissioners shall be fixed by law and shall not be decreased during their tenure.

Sec. 4. The Commission shall enjoy fiscal autonomy. Their approved annual appropriations shall be automatically and regularly released.

Sec. 5. The Constitutional Commissions shall appoint their officials and employees in accordance with law.

Sec. 6. Each Commission en banc may promulgate its own rules concerning pleadings and practice before it or before any of its offices. Such rules, however, shall not diminish, increase, or modify substantive rights.

Sec. 7. Each Commission shall decide by a majority vote of all its Members, any case or matter brought before it within sixty (60) days from the date of its submission for decision or resolution. A case or matter is deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the rules of the Commission or by the Commission itself.

Unless otherwise provided by this Constitution or by law, any decision, order, or ruling of each Commission may be brought to the Supreme Court on certiorari by the aggrieved party within thirty (30) days from receipt of a copy thereof.

Sec. 8. Each Commission shall perform such other functions as may be provided by law.

The Civil Service Commission

Section 1. (1) The civil service organization shall be administered by the Civil Service Commission composed of a Chairperson and eight (8) Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five (35) years of age, with proven capacity for public administration, and must not have been candidates for any elective position in the elections immediately preceding their appointment.

(2) The Chairperson and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven (7) years without reappointment. the Civil Service Commission shall be divided into three (3) Divisions with three (3) members each Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.

Sec. 2. (l) The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charters.

(2) Appointments in the civil service shall be made only according to merit and fitness to be determined, as far as practicable, and, except to positions which are policy-determining, primarily confidential, or highly technical, by competitive examination.

(3) No officer or employee of the civil service shall be removed or suspended except for cause provided by law.

(4) No officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or partisan political campaign.

(5) The right to self-organization shall not be denied to government employees.

(6) Temporary employees of the Government shall be given such protection as may be provided by law.

Sec. 3. The Civil Service Commission, as the central personnel agency of the Government, shall establish a career service and adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service. It shall strengthen the merit and rewards system, integrate all human resources development programs for all levels and ranks, and institutionalize a management climate conducive to public accountability. It shall submit to the President and the Congress an annual report on its personnel programs.

Sec. 4. All public officers and employees shall take an oath or affirmation to uphold and defend this Constitution.

Sec. 5. The Congress shall provide for the standardization of compensation of government officials and employees, including those in government-owned or controlled corporations with original charters, taking into account the nature of the responsibilities pertaining to, and the qualifications required for their positions.

Sec. 6. No candidate who has lost in any election shall, within one (1) year after such election, be appointed to any office in the Government or any government-owned or controlled corporations or in any of their subsidiaries.

Sec. 7. No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his or her tenure.

Unless otherwise allowed by law or by the primary functions of his or her position, no appointive official shall hold any other office or employment in the Government or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries.

Sec. 8. No elective or appointive public officer or employee shall receive additional, double, or indirect compensation, unless specifically authorized by law, nor accept without the consent of the Congress, any present, emolument, office, or title of any kind from any foreign government.

Pensions or gratuities shall not be considered as additional, double, or indirect compensation.

The Commission on Elections

Section 1. (1) There shall be a Commission on Elections composed of a Chairperson and six (6) Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five (35) years of age, holders of a college degree, and must not have been candidates for any elective positions in the immediately preceding elections. However, a majority thereof, including the Chairperson, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten (10) years.

(2) The Chairperson and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven (7) years without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.

Sec. 2. The Commission on Elections shall exercise the following powers and functions:

(1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall.

(2) Decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters.

(3) Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the Government, including the Armed Forces of the Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections.

(4) Register, after sufficient publication, political parties, organizations, or coalitions which, in addition to other requirements, must present their platform or program of government, and accredit citizens’ arms of the Commission on Elections.

(5) Recommend to the Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidates.

(6) Recommend to the President the removal of any officer or employee it has deputized, or the imposition of any other disciplinary action, for violation or disregard of, or disobedience to, its directive, order, or decision.

(7) Submit to the President and the Congress, a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall.

Sec. 3. The Commission may, during the election period, supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities, media of communication or information, all grants, special privileges, or concessions granted by the Government or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation or its subsidiary. Such supervision or regulation shall aim to ensure equal opportunity, time, and space, and the right to reply, including reasonable, equal rates therefor, for public information campaigns and forums among candidates in connection with the objective of holding free, orderly, honest, peaceful, and credible elections.

Sec. 4. No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and regulations shall be granted by the President without the favorable recommendation of the Commission.

Sec. 5. Unless otherwise fixed by the Constitution in special cases, the election period shall commence ninety (90) days before the day of election and shall end thirty (30) days thereafter. The campaign period for local elections shall be limited to a maximum of thirty (30) days while the campaign period for the national elections shall be for a maximum of ninety (90) days.

Sec. 6. Bona fide candidates for any public office shall be free from any form of harassment and discrimination.

Sec. 7. Funds certified by the Commission as necessary to defray the expenses for holding regular and special elections, plebiscites, initiatives, referenda, and recalls, shall be provided in the regular or special appropriations and, once approved, shall be released automatically upon certification by the Chairperson of the Commission.

Sec. 8. The power of the Commission on Elections to investigate and cause the prosecution of election-related crimes shall be vested in the Department of Justice. The Courts within whose territorial jurisdiction the offenses are committed shall have jurisdiction to hear and decide said crimes.

The Commission on Audit

Section I. (1) There shall be a Commission on Audit composed of a Chairperson and two (2) Commissioners, who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five (35) years of age, Certified Public Accountants with at least ten (10) years of auditing experience, or members of the Philippine Bar who have been engaged in the practice of law for at least ten (10) years, and must not have been candidates for any elective position in the elections immediately preceding their appointment. At no time shall all Members of the Commission belong to the same profession.

(2) The Chairperson and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven (7) years without reappointment. Of those first appointed, the Chairperson shall hold office for seven (7) years, one Commissioner for five (5) years, and the other Commissioner for three (3) years, without reappointment. Appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.

Sec. 2. (1) The Commission on Audit shall have the power, authority, and duty to examine, audit, and settle all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and property, owned or held in trust by, or pertaining to, the Government, or any of its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations with original charters, and on a post-audit basis:

(a) constitutional bodies, commissions and offices that have been granted fiscal autonomy under this Constitution;

(b) autonomous state colleges and universities;

(d) such non-governmental entities receiving subsidy or equity, directly or indirectly, from or through the Government, which are required by law or the punting institution to submit to such audit as a condition of subsidy or equity. However, where the internal control system of the audited agencies is inadequate, the Commission may adopt such measures, including temporary or special pre-audit, as are necessary and appropriate to correct the deficiencies. It shall keep the general accounts of the Government and, for such period as may be provided by law, preserve the vouchers and other supporting papers pertaining thereto.

(2) The Commission shall have exclusive authority, subject to the limitations in this Article, to define the scope of its audit and examination, establish the techniques and methods required therefor, and promulgate accounting and auditing rules and regulations, including those for the prevention and disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable expenditures or uses of government funds and properties.

Sec. 3. No law shall be passed exempting any entity of the Government or its subsidiaries in any guise whatever, or any investment of public funds, from the jurisdiction of the Commission on Audit.

Sec. 4. The Commission shall submit to the President and the Congress, within the time fixed by law, an annual report covering the financial condition and operation of the Government, its subdivisions, agencies, and instrumentalities, including government-owned or controlled corporations, and non-governmental entities subject to its audit, and recommend measures necessary to improve their effectiveness and efficiency. It shall submit such other reports as may be required by law.

The Commission on Human Rights

Section 1. (1) There shall be a Commission on Human Rights composed of a Chairperson and four (4) COMMISSIONERS who must be natural-born citizens of the Philippines and a majority of whom shall be members of the bar. The term of office and other qualifications and disabilities of the members of the commission shall be provided by law.

(2) The Chairperson and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven (7) years without reappointment. Of those first appointed, the Chairperson shall hold office for seven (7) years, one Commissioner for five (5) years, the other Commissioner for three (3) years, and the last two (2) Commissioners for two (2) years, without reappointment, appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.

(3) The approved annual appropriations of the Commission shall be automatically and regularly released.

Sec. 2. The Commission on Human Rights shall have the following powers and functions:

(1) Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights;

(2) Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance with the rules of court;

(3) Provide appropriate legal measures for the protection of human rights of all persons within the Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid services to the underprivileged whose human rights have been violated or need protection;

(4) Exercise visitorial powers over jails, prisons, or detention facilities;

(5) Establish a continuing program of research, education, and information to enhance respect for the primacy of human rights;

(6) Recommend to the Congress effective measures to promote human rights and to provide for compensation to victims of violations of human rights, or their families;

(7) Monitor the Philippine government’s compliance with international treaty obligations on human rights;

(8) Grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth in any investigation conducted by it or under its authority;

(9) Request the assistance of any department, bureau, office, or agency in the performance of its functions;

(10) Appoint its officers and employees in accordance with law; and

(11) Perform such other duties and functions as may be provided by law. Sec 3. The Congress may provide for other cases of violations of human rights that should fall within the authority of the Commission, taking into account its recommendations.

ARTICLE XII

Local Governments and Federal States

General Provisions

Section 1. The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities, municipalities, and barangays. There shall be federal states in the country as provided in this article.

Sec. 2. The State shall ensure that the territorial and political subdivisions enjoy local autonomy.

Sec. 3. Congress shall strengthen the existing Local Government Code to provide for a more responsive and accountable local government structure instituted through a system of decentralization and devolution with effective mechanisms of recall, initiative, and referendum, allocate among the different local government units their powers, responsibilities, and resources. The Code shall provide for the qualifications, election, appointment and removal, term, salaries, powers, and functions and duties of local officials, and all other matters relating to the organization and operation of the local units.

Sec. 4. The President shall exercise general supervision over local governments. Provinces with respect to component cities and municipalities, and cities and municipalities with respect to component barangays, shall ensure that the acts of their component units are within the scope of their prescribed powers and functions.

Sec. 5. Each local government and federal state shall have the power to create its own sources of revenue and to levy taxes, fees, and charges subject to such guidelines and limitations as Congress may provide. Such taxes, fees, and charges shall accrue to the concerned local governments or autonomous territories.

Sec. 6. The National Government is mandated to provide local governments their just share, as determined by law, in the national taxes, which shall be automatically released to them.

Sec. 7. Local governments shall be entitled to an equitable share in the proceeds of the utilization and development of the national wealth within their respective areas, including but not limited to off-shore sites beyond the municipal waters, in the manner provided by law, which shall be automatically released to them, including sharing the same with the inhabitants by way of direct benefits. Local governments may be authorized by law to collect the proceeds and retain their equitable share.

Sec. 8. The term of office of elective local officials shall be four (4) years except barangay officials, which shall be determined by law.

Sec. 9. No province, city, municipality, or barangay may be created, divided, merged, abolished, or its boundary substantially altered, except in accordance with the criteria established in the Local Government Code and subject to approval by a majority of the votes cast in a plebiscite in the political units affected.

Sec. 10. Congress may, by law, create special metropolitan subdivisions, subject to approval by the majority of the votes cast in the areas affected. The component cities and municipalities shall retain their basic autonomy and shall be entitled to their own local executives and legislative bodies.

Sec. 11. Highly urbanized cities, as determined by law, shall be independent of the province. The voters of component cities, regardless of the provisions of their respective charters, shall not be deprived of their right to vote for elective provincial officials. All component cities shall be under the supervision of the provincial government.

Federal States

Sec. 12. A federal state may be created in any part of the country upon a petition addressed to Congress by any contiguous, compact, and adjacent provinces, highly urbanized and component cities, and cities and municipalities in metropolitan areas through a resolution of their respective bodies, subject to approval by a majority of the votes cast in a plebiscite in the political units affected.

In exceptional cases, a province may be established as a federal state based on area, population, necessity, geographical distance, environmental, economic, and fiscal viability, and other special attributes.

Sec. 13. Within one year from the filing of the bill which passed upon the petitions and initiatives, Congress shall pass an organic act which shall define the basic structure of government for the autonomous territory, consisting of a unicameral territorial assembly whose members shall be elective and representative of the constituent political units. The organic acts shall provide for courts consistent with the provisions of their constitutions and national laws.

The creation of the autonomous territories shall be effective when ratified by a majority of the votes cast by their proposed constituent units in a plebiscite called for the purpose.

Sec. 14. The federal states shall support the National Government in maintaining the integrity and independence of the Republic and shall comply with and enforce this Constitution and all national laws.

Sec. 15. When a law of a federal state or a local government is inconsistent with the national law, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.

Sec. 16. Subject to the provisions of this Constitution and the national laws, the organic act of a federal state shall provide for the primary legislative powers of its assembly within its territorial jurisdiction over the following:

(1) Administrative organization, planning, budget, and management;

(2) Creation of sources of revenues and finance;

(3) Agriculture and fisheries;

(4) Natural resources, energy, environment, indigenous appropriate technologies and inventions;

(5) Trade, industry, and tourism;

(6) Labor and employment;

(7) Public works, transportation, except railways, shipping, and aviation;

(8) Health and social welfare;

(9) Education and the development of language, culture, and the arts as part of the cultural heritage;

(10) Ancestral domain and natural resources;

(11) Housing, land use, and development

(12) Urban and rural planning and development; and

(13) Such other matters as may be authorized by law for the promotion of the general welfare of the people of the federal state.

ARTICLE XIII

Accountability of Public Officers

Section 1. (1) Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost efficiency, integrity, and loyalty, act with patriotism and lead modest lives.

(2) Directors and trustees who represent the interests of the State in government-owned or -controlled corporations with original charters as well as persons appointed to official positions in said entities, are public officers.

Sec. 2. The President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office, on impeachment for and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption. All other public officers and employees may be removed from office as provided by law but not impeachment.

Sec. 3. (1) The House of Representatives shall have the exclusive power to initiate all cases of impeachment.

(2) A verified complaint for impeachment may be filed by any member of the House of Representatives or by any citizen upon a resolution of endorsement by any of its members, which shall be included in the order of business within ten (10) session days, and referred to the proper committee within three (3) session days. The committee, after hearing, and by a majority vote of all its members, shall submit its report to Congress within sixty (60) session days from such referral, together with the corresponding resolution. The resolution shall be calendared for consideration by Congress within ten (10) session days from its receipt.

(3) A vote of at least one-third (‘A) of all the members of Congress shall be necessary to affirm a favorable resolution with the articles of impeachment of the committee or override its contrary resolution. The vote of each member shall be entered in the journal.

(4) In case the verified complaint or resolution of impeachment is tiled by at least one-third (1/3) of all the Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed.

(5) No impeachment proceedings shall be initiated against the same official more than once within a period of one (1) year.

(6) The Senate shall have the sole power to try and decide all cases of impeachment. When sitting for that purpose, the Senators shall be on oath or affirmation. When the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but shall not vote. No person shall be convicted without the concurrence of two-thirds (2/3) of all the Members of the Senate.

(7) Judgment in cases of impeachment shall not extend further than removal from office and disqualification to hold any office under the Republic of the Philippines, but the party convicted shall also be liable and subject to prosecution, trial and punishment according to law.

(8) Congress shall promulgate its rules on impeachment to effectively carry out the purpose of this section.

Sec. 4. The present anti-graft court known as the Sandiganbayan shall continue to function. Sec. 5. The Office of the Ombudsman shall be composed of the Ombudsman, one (1) overall deputy, and four (4) Deputy Ombudsmen. A separate Deputy for the military establishment may likewise be appointed.

Sec. 6. The officials and employees of the Office of the Ombudsman, other than the Deputies, shall be appointed by the Ombudsman according to civil service law.

Sec. 7. The Office of the Special Prosecutor shall continue to function and exercise its powers as provided by law, except those conferred on the Office of the Ombudsman. Sec. 8. The Ombudsman and his or her Deputies shall be natural-born citizens of the Philippines, and at the time of their appointment, at least forty (40) years old, of recognized probity and independence, members of the Philippine Bar, and must not have been candidates for any elective office in the immediately preceding election. The Ombudsman must have at least been a judge or engaged in the practice of law in the Philippines. During their tenure, they shall be subject to disqualifications and prohibitions as provided for in this Constitution.

Sec. 9. The Ombudsman and his or her Deputies shall be appointed by the President.

Sec. 10. The Ombudsman and his or her Deputies shall have the rank of Chairperson and Members, respectively, of the Constitutional Commissions, and they shall receive the same salary as the members, which shall not be decreased during their term of office.

Sec. 11. The Ombudsman and his or her Deputies shall serve for a term of seven (7) years without reappointment. They shall not be qualified to run for any office in the election immediately succeeding their cessation from office.

Sec. 12. The Ombudsman and his or her Deputies, as protectors of the people, shall act promptly on verified complaints filed against public officials or employees of the government, or any of its subdivision, agency or instrumentality, including government-owned or -controlled corporations, and shall, in appropriate cases, notify the complainants of the action taken and ITS result.

Sec. 13. The Office of the Ombudsman shall have the following powers, functions, and duties:

(I) Investigate on its own, or on complaint by any person, any act or omission of any public official, employee, office or agency, when such act or omission appears to be illegal, unjust, improper, or inefficient.

(2) Direct, upon complaint or at its own instance, any public official or employee of the government, or any of its subdivision, agency or instrumentality, as well as of any government-owned or controlled corporation with original charter, to perform and expedite any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties.

(3) Direct the officer concerned to take appropriate action against a public official or employee at fault, and recommend his or her removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance with such action.

(4) Direct the officer concerned, in any appropriate case, and subject to such limitations as may be provided by law, to furnish it with copies of documents relating to contracts or transactions entered into by his or her office involving the disbursement or use of public funds or properties and report any irregularity to the commission on audit for appropriate action.

(5) Request any government agency for assistance and information necessary in the discharge of its responsibilities, and to examine, if necessary, pertinent records and documents.

(6) Publish matters covered by its investigation when circumstances so warrant and with due prudence.

(7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the Government and make recommendations for their elimination, and the observance of high standards of ethics and efficiency.

(8) Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be provided by law.

Sec. 14. The Office of the Ombudsman shall enjoy fiscal autonomy. Its annual appropriations shall be automatically and regularly released.

Sec. 15. A public officer or employee shall, upon assumption of office and as often as may be required by law, submit a declaration under oath of his or her assets, liabilities, net worth and annual income including the sources and application of funds. In the case of the President. Members of the Cabinet, the Congress, Supreme Court. Constitutional Commissions and other Constitutional Offices, and officers of the armed forces general or flag rank, the declaration shall be disclosed to the public through publication in newspapers of general circulation.

Sec. 16. The right of the State to recover properties unlawfully acquired by public officials or employees, from them or from their nominees or transferees, shall not be barred by prescription, lathes, or estoppel.

Sec. 17. No loan, guaranty, or other form of financial accommodation may be granted, directly or indirectly, by any government-owned or -controlled bank or financial institution to any public officials.

ARTICLE XIV

National Economy and Patrimony

Section 1. The goals of the national economy are a sustained increase in the amount of goods and services produced by the nation for the benefit of the people and an expanding productivity as the key to raising the quality of life for all, especially the underprivileged.

Sec. 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated. The exploration, development, and utilization of natural resources toward sustainable development, including conservation, protection, and enhancement of environment shall be under the full control and supervision of the State. The State may directly undertake such activities, or it may enter into co-production, joint venture, or production-sharing agreements under such terms and conditions as may be provided by law. The State shall protect the nation’s marine wealth in its archipelagic waters, territorial sea, seabed, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.

The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as well as cooperative fish farming, with priority to subsistence fishermen and fish workers in rivers, lakes, bays, and lagoons.

Sec. 3. Lands of the public domain are classified into agricultural lands, reclaimed lands, forest or timber lands, mineral lands, and national parks. Agricultural lands of the public domain may be further classified by law according to the uses which they may be devoted. Alienable lands of the public domain shall be limited to agricultural lands. Unless otherwise provided by law, private corporations or associations may not hold such alienable lands of the public domain except by lease, for a period not exceeding twenty-five years, renewable for not more than twenty-five (25) years, and not to exceed one thousand hectares in area. Citizens of the Philippines may lease not more than live hundred (500) hectares, or acquire not more than twelve hectares thereof, by purchase, homestead, or grant. The Congress shall determine, by law, the size of lands of the public domain which may be acquired, developed, held, or leased and the conditions therefor.

Sec. 4. The State shall protect the rights of indigenous cultural peoples to their ancestral domains to ensure their economic, social, and cultural well-being.

Sec. 5. The State shall, by law, regulate and exercise authority over foreign investments within its national jurisdiction and in accordance with its national goals and priorities.

Sec. 6. The State shall pursue a trade policy that enhances Filipino competitiveness and serves the public interest, with due regard for equity and reciprocity.

Sec. 7. Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain, unless otherwise provided by law.

Sec 8. Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to limitations provided by law.

Sec 9. The State shall promote the sustained development of a reservoir of national talents consisting of Filipino scientists, inventors, entrepreneurs, professionals, managers, high-level technical human resources, skilled workers, and craftspeople in all fields. The State shall encourage appropriate technology and regulate its transfer for the national benefit.

Sec. 10. The Congress shall strengthen the viability and growth of cooperatives as instruments for social justice and economic development.

Sec. 11. Unless otherwise provided by law, no franchise, certificate, or any other form of authorization for the operation of a public utility shall be granted except to citizens of the Philippines or to corporations or associations organized under the laws of the Philippines, at least sixty per centum of whose capital is owned by such citizens; nor shall such franchise, certificate, or authorization be exclusive in character or for a longer period than fifty years. Neither shall any such franchise or right be granted except under the condition that it shall be subject to amendment, alteration, or repeal by the Congress when the common good so requires. The State shall encourage equity participation in public utilities by the general public. The participation of foreign investors in the governing body of any public utility enterprise shall be limited to their proportionate share in its capital, and all the executive and managing officers of such corporation or association must be citizens of the Philippines.

Sec. 12. The Congress shall not, except by general law, provide for the formation, organization, or regulation of private corporations. Government-owned or controlled corporations may be created or established by special charters in the interest of the common good and subject to the test of economic viability. The Congress shall periodically review the social and economic viability of such corporations as often as may be deemed necessary, but at least once every five years.

Sec. 13. In times of national emergency, the State may, when the public interest so requires, during the emergency and under reasonable terms prescribed by it, temporarily direct or take over the operation of any privately-owned public utility or business.

Sec. 14. The State may, in the interest of national welfare or defense, establish and operate vital industries, facilities and assets and, upon payment of just compensation, transfer to public ownership utilities and other private enterprises to be operated by the Government.

Sec. 15. Pursuant to Section 1 hereof, the State shall enhance the economic efficiency and promote free competition in trade, industry, and commercial activities. No anti-competitive agreement or abuse of dominant position shall be allowed.

Sec. 16. Until the Congress otherwise provides, the Bangko Sentral ng Pilipinas, operating under existing laws, shall function as the central monetary authority.

Sec. 17. Foreign loans may only be incurred in accordance with law and the regulation of the monetary authority. Information on foreign loans obtained or guaranteed by the Government shall be made available to the public.

Sec. 18. Acts which circumvent or negate any of the provisions of this Article shall be considered inimical to the national interest and subject to criminal and civil sanctions, as may be provided by law.

ARTICLE XV

General Provisions

Section 1. The flag of the Republic 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. The Congress may, by law, adopt a new name for the country, a national anthem, or a national seal, which shall all be truly reflective and symbolic of the ideals, history, and traditions of the people. Such law shall take effect only upon its ratification by the people in a national referendum.

Sec. 3. The State may not be sued without its consent.

Sec. 4. The Armed Forces of the Philippines shall be composed of a citizen armed force which shall undergo military training and serve as may be provided by law. It shall keep a regular force necessary for the security of the State.

Sec. 5. (1) All members of the Armed Forces of the Philippines shall take an oath or affirmation to uphold and defend this Constitution.

(2) The State shall strengthen the patriotic spirit and nationalist consciousness of the military, and respect for people’s rights in the performance of their duty.

(3) Professionalism in the Armed Forces of the Philippines and adequate remuneration and benefits of its members shall be a prime concern of the State. The armed forces shall be insulated from partisan politics.

No member of the military shall engage, directly or indirectly, in any partisan political activity, except to vote.

(4) No member of the Armed Forces of the Philippines in the active service shall, at any time, be appointed or designated in any capacity to a civilian position in the governments, including government-owned or controlled corporations or any of their subsidiaries.

(5) Laws on retirement of military officers shall not allow extension of their service.

(6) The officers and men of the regular force of the Armed Forces of the Philippines shall be recruited proportionately from all provinces and cities as far as practicable.

(7) The tour of duty of the Chief of Staff, Vice Chief of Staff, Deputy Chief of Staff, and chiefs of major services of the Armed Forces of the Philippines shall have a fixed term as prescribed by law, unless sooner removed for cause. However, in times of war declared by Congress, or in the interest of defense or national emergency as determined by the President, such tour of duty may be extended by the President but not to exceed one year.

Sec. 6. The State shall provide immediate and adequate care, benefits, and other forms of assistance to war veterans and veterans of military campaigns, their surviving spouses and orphans. Funds shall be provided therefor and due consideration shall be given them in the disposition of agricultural lands of the public domain and, in appropriate cases, in the utilization of natural resources.

Sec. 7. The State shall, from time to time, review to increase the pensions and other benefits due to retirees of both the government and the private sectors.

Sec. 8. The State shall protect consumers from trade malpractices and from substandard or hazardous products.

Sec. 9. The State shall provide the policy environment for the full development of Filipino capability and the emergence of communication structures suitable to the needs and aspirations of the nation and the balanced flow of information into, out of, and across the country, in accordance with a policy that respects the freedom of speech and of the press.

Sec. 10. (1) The Congress shall regulate or prohibit monopolies in commercial mass media when the public interest so requires. No combinations in restraint of trade or unfair competition therein shall be allowed.

(2) The advertising industry is impressed with public interest, and shall be regulated by law for the protection of consumers and the promotion of the general welfare. Sec. 11. The Congress may create a consultative body to advise the President on policies affecting indigenous cultural communities, the majority of the members of which shall come from such communities.

Sec. 12. (1) All revenues and assets of non-stock, non-profit educational institutions used actually, directly, and exclusively for educational purposes shall be exempt from taxes and duties. Upon the dissolution or cessation of the corporate existence of such institutions, their assets shall be disposed of in the manner provided by law.

(2) Subject to conditions prescribed by law, all grants, endowments, donations, or contributions used actually, directly, and exclusively for educational purposes shall be exempt from tax.

(3) The State, consistent with the national interest, shall assign the highest budgetary priority to education and ensure that teaching will attract and retain its rightful share of the best available talents through adequate remuneration and other means of job satisfaction and fulfilment.

ARTICLE XVI

Amendments or Revisions

Section 1. Any amendment to, or revision of, this Constitution may be proposed by:

(1)The Congress, by a vote of two-thirds (%) of all its Members; or

(2)A constitutional convention. Sec. 2. Amendments to this Constitution may likewise be directly proposed by the people through initiative upon a petition of at least twelve (12) per centum of the total number of registered voters, of which every legislative district must be represented by at least three (3) per cerium: of the registered voters therein. No amendment under this section shall be authorized within five (5) years following the ratification of this Constitution nor oftener than once every five (5) years thereafter.

The Congress shall provide for the implementation of the exercise of this right.

Sec. 3. The Congress may, by a vote of two-thirds (%) of all its Members, call a constitutional convention, or by a majority vote of all its Members, submit to the electorate the question of calling such a convention.

Sec. 4. Any amendment to, or revision of, this Constitution tinder Section 1 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty (60) days nor later than ninety (90) days after the approval of such amendment or revision.

Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty (60) days nor later than ninety (90) days after the certification by the Commission on Elections of the sufficiency of the petition.

ARTICLE XVII

Transitory Provisions

Section 1. All branches of the Government shall continue to function in a transitory character until all their successors are elected or appointed and are duly qualified.

Sec. 2. The term of the President and the Vice President, which shall end on June 30, 2022, shall not be extended.

The incumbent President is prohibited from running as President in the 2022 elections under this constitution.

Sec. 3. The first national and local elections under this Constitution to elect the President. Vice President, senators, representatives, and local officials shall be on the 2nd Monday of May 2022. They shall assume office at noon on June 30, 2022.

Sec. 4. Upon ratification of this Constitution, the incumbent President and Vice President shall continue to exercise all the powers and functions of their offices until the election of the next President and Vice President.

In case a vacancy arises by reason of removal, resignation, permanent incapacity or death of the incumbent President, the incumbent Senate President shall act as President until a President shall have been chosen and qualified.

Sec. 5. Until otherwise provided by a subsequent law, the seats allocated to party-list representatives shall be filled by election in accordance with Republic Act No. 7941 or the Party-List System for the May 2022 National Elections. Thereafter, Congress shall enact a law on party-list or sectoral representation under this Constitution.

Sec. 6. All existing laws, decrees, executive orders, proclamations, letters of instructions, and other executive issuances not inconsistent with this Constitution shall remain operative until amended, repealed, or revoked.

Sec. 7. All existing treaties or international agreements which have not been ratified shall not be renewed or extended without the concurrence of at least two-thirds (2/3) of all the Members of the Senate.

Sec. 8. All courts existing at the time of the ratification of this Constitution shall continue to exercise their jurisdiction, until otherwise provided by law. The provisions of the existing Rules of Court, judiciary acts, and procedural laws not inconsistent with this Constitution shall remain operative unless amended or repealed by the Supreme Court or the Congress.

Sec. 9. The incumbent Members of the Judiciary shall continue in office until they reach the age of seventy (70) years, become incapacitated to discharge the duties of their office, or are removed for cause or by the abolition of their office.

Sec. 10. The Supreme Court, Court of Appeals, Court of Tax Appeals, and the Sandiganbayan shall, within six (6) months after the ratification of this Constitution, adopt a systematic plan to expedite the decision or resolution of pending cases or matters prior to the effectivity of this Constitution. A similar plan shall be adopted for all special court and quasi-judicial bodies.

Sec. 11. The legal effect of the lapse of the applicable period for the decision or resolution of the cases or matters submitted for adjudication by the courts before the ratification of this Constitution shall be determined by the Supreme Court as soon as practicable.

Sec. 12. The incumbent Members of the Civil Service Commission, the Commission on Elections, and the Commission on Audit shall continue in office for one (1) year after the ratification of this Constitution, unless they are sooner removed for cause or become incapacitated to discharge the duties of their office or have been appointed to a new term thereunder. In no case shall any Member serve longer than seven (7) years including service before the ratification of this Constitution.

Sec. 13. Career civil service employees who are separated from the service not for cause but as a result of the reorganization following the ratification of this Constitution shall be entitled to appropriate separation pay and to retirement and other benefits accruing to them under the laws of general application in force at the time of their separation. In lieu thereof, at the option of the employees, they shall be considered for employment in the Government or in any of its subdivisions, instrumentalities, or agencies, including government-owned or -controlled corporations and their subsidiaries. This provision also applies to career officers whose resignation, tendered in line with the existing policy, had been accepted.

Sec. 14. This Constitution shall take effect immediately upon its ratification by a majority of the votes cast in a plebiscite held for the purpose and shall supersede all previous constitutions.

Adopted,

VICENTE S.E. VELOSO

GLORIA MACAPAGAL – ARROYO

RODANTE D. MARCOLETA

ROLANDO G. ANDAYA, JR.

ALFREDO “ALBEE” B. BENITEZ

CORAZON T. NUÑEZ-MALANYAON

DEOGRACIAS “DV” B. SAVELLANO

TRICIA NICOLE Q. VELASCO-CATERA

AURELIO “DONG” D. GONZALES, JR.

LIANDA B. BOLILIA

ROMEO M. ACOP

EUGENE MICHAEL B. DE VERA

WILTER”SHARKY” WEE PALMA II

MICAELA S. VIOLAGO

ANTHONY M. BRAVO

RON P. SALO

ARNOLFO A. TEVES, JR.

MAKMOD D. MENDING, JR.

BERNADETTE C. HERRERA-DY

CELSO L. LOBREGAT

ARTHUR C. YAP

FREDENIL H. CASTRO

——————————–END—————————-

fernandezjrp

filio temporis

Full Text of Gloria Macapagal Arroyo-led Federal Constitution (Approved by lower Congress)

Please share: