199017305-1987-1973-1935-Constitution

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1987, 1973, 1935 PHILIPPINES CONSTITUTION COMPARED/ COMPARISON MATRIX
1987 CONSTITUTION
1973 CONSTITUTION
1935 CONSTITUTION
Preamble
Preamble
Preamble
We, the sovereign Filipino people, imploring the aid of Almighty We, the sovereign Filipino people, imploring the aid of Divine
The Filipino people, imploring the aid of Divine Providence, in
God, in order to build a just and humane society and establish a Providence, in order to establish a government that shall embody order to establish a government that shall embody their ideals,
Government that shall embody our ideals and aspirations,
our ideals, promote the general welfare, conserve and develop
conserve and develop the patrimony of the nation, promote the
promote the common good, conserve and develop our
the patrimony of our Nation, and secure to ourselves and our
general welfare, and secure to themselves and their posterity the
patrimony, and secure to ourselves and our posterity the
posterity the blessings of democracy under a regime of justice,
blessings of independence under a regime of justice, liberty, and
blessings of independence and democracy under the rule of law peace, liberty, and equality, do ordain and promulgate this
democracy, do ordain and promulgate this Constitution.
and a regime of truth, justice, freedom, love, equality, and peace, Constitution.
do ordain and promulgate this Constitution.
ARTICLE I
ARTICLE I
ARTICLE I
The National Territory
The National Territory
The National Territory
The national territory comprises the Philippine archipelago, with Section 1. The national territory comprises the Philippine
Section 1. The Philippines comprises all the territory ceded to the
all the islands and waters embraced therein, and all other
archipelago, with all the islands and waters embraced therein,
United States by the Treaty of Paris concluded between the
territories over which the Philippines has sovereignty or
and all the other territories belonging to the Philippines by
United States and Spain on the tenth day of December, eighteen
jurisdiction, consisting of its terrestrial, fluvial, and aerial
historic or legal title, including the territorial sea, the air space,
hundred and ninety-eight, the limits which are set forth in Article
domains, including its territorial sea, the seabed, the subsoil, the the subsoil, the sea-bed, the insular shelves, and the submarine III of said treaty, together with all the islands embraced in the
insular shelves, and other submarine areas. The waters around, areas over which the Philippines has sovereignty or jurisdiction. treaty concluded at Washington between the United States and
between, and connecting the islands of the archipelago,
The waters around, between, and connecting the islands of the
Spain on the seventh day of November, nineteen hundred, and
regardless of their breadth and dimensions, form part of the
archipelago, irrespective of their breadth and dimensions, form the treaty concluded between the United States and Great
internal waters of the Philippines.
part of the internal waters of the Philippines.
Britain on the second day of January, nineteen hundred and
thirty, and all territory over which the present Government of
the Philippine Islands exercises jurisdiction.
ARTICLE II
ARTICLE II
ARTICLE II
Declaration of Principles and State Policies
Declaration of Principles and State Policies
Declaration of Principles
Principles
Section 1.
Section 1.
The Philippines is a republican state. Sovereignty resides in the
The Philippines, is a republican state. Sovereignty resides in the
people and all government authority emanates from them.
people and all government authority emanates from them.
resides in the people and all government authority emanates
Section 2.
Section 2.
from them.
The defense of the State is the prime duty of government, and in The defense of the State is a prime duty of government, and in
SEC. 1.
The Philippines is a democratic and republican State. Sovereignty
the fulfillment of this duty all citizens may be required by law to the fulfillment of this duty all citizens may be required by law to
SEC. 2.
render personal military or civil service.
render personal military or civil service.
The Philippines renounces war as an instrument of national
policy, adopts the generally accepted principles of international Section 3.
Section 3.
law as part of the law of the land and adheres to the policy of
The Philippines renounces war as an instrument of national
The Philippines renounces war as an instrument of national
peace, equality, justice, freedom, cooperation, and amity with all policy, adopts the generally accepted principles of international policy, and adopts the generally accepted principles of
nations.
law as part of the law of the land, and adheres to the policy of
international law as part of the law of the Nation.
peace, equality, justice, freedom, cooperation, and amity with all
SEC. 3.
nations.
Civilian authority is, at all times, supreme over the military. The
Section 4.
The natural right and duty of parents in the rearing of the youth
Armed Forces of the Philippines is the protector of the people
Section 4.
for civic efficiency should receive the aid and support of the
and the State. Its goal is to secure the sovereignty of the State
The State shall strengthen the family as a basic social institution. government.
and the integrity of the national territory.
The natural right and duty of parents in the rearing of the youth Section 5. The promotion of social justice to insure the well-being
for civic efficiency and the development of moral character shall and economic security of all the people should be the concern of
SEC. 4.
The prime duty of the Government is to serve and protect the
people. The Government may call upon the people to defend the
receive the aid and support of the government.
the State.
State and, in the fulfillment thereof, all citizens may be required, Section 5.
under conditions provided by law, to render personal military or The State recognizes the vital role of the youth in nation-building
civil service.
and shall promote their physical, intellectual and social wellbeing.
SEC. 5.
The maintenance of peace and order, the protection of life,
Section 6.
liberty, and property, and the promotion of the general welfare The State shall promote social justice to ensure the dignity,
are essential for the enjoyment by all the people of the blessings welfare, and security of all the people. Towards this end, the
of democracy.
State shall regulate the acquisition, ownership, use, enjoyment,
and disposition of private property, and equitably diffuse
SEC. 6.
property ownership and profits.
The separation of Church and State shall be inviolable.
Section 7.
State Policies
The State shall establish, maintain, and ensure adequate social
services in the field of education, health, housing, employment,
SEC. 7.
welfare, and social security to guarantee the enjoyment of the
The State shall pursue an independent foreign policy. In its
people of a decent standard of living.
relations with other states the paramount consideration shall be
national sovereignty, territorial integrity, national interest, and
Section 8.
the right to self-determination.
Civilian authority is at all times supreme over the military.
SEC. 8.
Section 9.
The Philippines, consistent with the national interest, adopts and The State shall afford protection to labor, promote full
pursues a policy of freedom from nuclear weapons in its
employment and equality in employment, ensure equal work
territory.
opportunities regardless of sex, race, or creed, and regulate the
relation between workers and employers. The State shall assure
SEC. 9.
the rights of workers to self-organization, collective bargaining,
The State shall promote a just and dynamic social order that will security of tenure, and just and humane conditions of work. The
ensure the prosperity and independence of the nation and free
State may provide for compulsory arbitration.
the people from poverty through policies that provide adequate
social services, promote full employment, a rising standard of
Section 10.
living, and an improved quality of life for all.
The State shall guarantee and promote the autonomy of local
government units, especially the barrio, to ensure their fullest
development as self-reliant communities.
SEC. 10.
The State shall promote social justice in all phases of national
development.
SEC. 11.
The State values the dignity of every human person and
guarantees full respect for human rights.
SEC. 12.
The State recognizes the sanctity of family life and shall protect
and strengthen the family as a basic autonomous social
institution. It shall equally protect the life of the mother and the
life of the unborn from conception. The natural and primary right
and duty of parents in the rearing of the youth for civic efficiency
and the development of moral character shall receive the
support of the Government.
SEC. 13.
The State recognizes the vital role of the youth in nation-building
and shall promote and protect their physical, moral, spiritual,
intellectual, and social well-being. It shall inculcate in the youth
patriotism and nationalism, and encourage their involvement in
public and civic affairs.
SEC. 14.
The State recognizes the role of women in nation-building, and
shall ensure the fundamental equality before the law of women
and men.
SEC. 15.
The State shall protect and promote the right to health of the
people and instill health consciousness among them.
SEC. 16.
The State shall protect and advance the right of the people to a
balanced and healthful ecology in accord with the rhythm and
harmony of nature.
SEC. 17.
The State shall give priority to education, science and technology,
arts, culture, and sports to foster patriotism and nationalism,
accelerate social progress, and promote total human liberation
and development.
SEC. 18.
The State affirms labor as a primary social economic force. It
shall protect the rights of workers and promote their welfare.
SEC. 19.
The State shall develop a self-reliant and independent national
economy effectively controlled by Filipinos.
SEC. 20.
The State recognizes the indispensable role of the private sector,
encourages private enterprise, and provides incentives to
needed investments.
SEC. 21.
The State shall promote comprehensive rural development and
agrarian reform.
SEC. 22.
The State recognizes and promotes the rights of indigenous
cultural communities within the framework of national unity and
development.
SEC. 23.
The State shall encourage non-governmental, community- based,
or sectoral organizations that promote the welfare of the nation.
SEC. 24.
The State recognizes the vital role of communication and
information in nation-building.
SEC. 25.
The State shall ensure the autonomy of local governments.
SEC. 26.
The State shall guarantee equal access to opportunities for public
service, and prohibit political dynasties as may be defined by
law.
SEC. 27.
The State shall maintain honesty and integrity in the public
service and take positive and effective measures against graft
and corruption.
SEC. 28.
Subject to reasonable conditions prescribed by law, the State
adopts and implements a policy of full public disclosure of all its
transactions involving public interest.
SEC 1.
ARTICLE VI
ARTICLE VIII
ARTICLE VI
Legislative Department
The National Assembly
Legislative Department
Section 1.
Section 1.
The legislative power shall be vested in the Congress of the
The Legislative power shall be vested in a National Assembly.
The Legislative power shall be vested in a Congress of the
Philippines which shall consist of a Senate and a House of
Philippines, which shall consist of a Senate and a House of
Representatives, except to the extent reserved to the people by Section 2.
Representatives.
the provision on initiative and referendum.
The National Assembly shall be composed of as many Members
as may be provided by law to be appointed among the provinces, Section 2.
SEC. 2.
representative districts, and cities in accordance with the
The Senate shall be composed of twenty-four Senators who shall number of their respective inhabitants and on the basis of a
The Senate shall be composed of twenty-four Senators who shall
be chosen at large by the qualified electors of the Philippines, as
be elected at large by the qualified voters of the Philippines, as
uniform and progressive ratio. Each district shall comprise, as far may be provided by law.
may be provided by law.
as practicable, contiguous, compact, and adjacent territory.
Representative districts or provinces already created or existing Section 3.
SEC. 3.
at the time of the ratification of this Constitution shall have at
The term of office of Senators shall be six years and shall begin
No person shall be a Senator unless he is a natural-born citizen of least one Member each.
on the thirtieth day of December next following their election.
the Philippines, and, on the day of the election, is at least thirty-
The first Senators elected under this Constitution shall, in the
five years of age, able to read and write, a registered voter, and a Section 3.
manner provided by law, be divided equally into three groups,
resident of the Philippines for not less than two years
(1) The Members of the National Assembly shall be elected by
the Senators of the first group, to serve for a term of six years;
immediately preceding the day of the election.
the qualified electors in their respective districts for a term of six those of the second group, for four years; and those of the third
years which shall begin, unless otherwise provided by law, at
SEC. 4.
group, for two years.
noon on the thirtieth day of June next following their election.
The term of office of the Senators shall be six years and shall
Section 4.
commence, unless otherwise provided by law, at noon on the
(2) In case the National Assembly is dissolved, the newly elected No person shall be a Senator unless he be a natural born citizen
thirtieth day of June next following their election. No Senator
Members shall serve the unexpired portion of the term from the of the Philippines and, at the time of his election, is at least
shall serve for more than two consecutive terms. Voluntary
time the Prime Minister convenes the Assembly, which shall not thirty-five years of age, a qualified elector, and a resident of the
renunciation of the office for any length of time shall not be
be later than thirty days immediately following the elections.
considered as an interruption in the continuity of his service for
the full term for which he was elected.
Philippines for not less than two years immediately prior to his
election.
Section 4.
No person shall be a Member of the National Assembly unless he Section 5.
SEC. 5.
is a natural-born citizen of the Philippines and, on the day of the The House of Representatives shall be composed of not more
(1) The House of Representatives shall be composed of not more election, is at least twenty-five years of age, able to read and
than one hundred and twenty Members who shall be
than two hundred and fifty members, unless otherwise fixed by write, a registered voter in the district in which he shall be
apportioned among the several provinces as nearly as may be
law, who shall be elected from legislative districts apportioned
elected, and a resident thereon for a period of not less than one accorded to the number of their respective inhabitants, but each
among the provinces, cities, and the Metropolitan Manila area in year immediately preceding the day of the election.
province shall have at least one Member. The Congress shall by
accordance with the number of their respective inhabitants, and
law make an apportionment within three years after the return
on the basis of a uniform and progressive ratio, and those who,
Section 5.
of every enumeration, and not otherwise. Until such
as provided by law, shall be elected through a party-list system of (1) Unless otherwise provided by law, the regular election of
apportionment shall have been made, the House of
registered national, regional, and sectoral parties or
Members of the National Assembly shall be held on the second
Representatives shall have the same number of Members as that
organizations.
Monday of May every six years thereafter.
fixed by law for the National Assembly, who shall be elected by
the qualified electors from the present Assembly districts. Each
(2) The party-list representatives shall constitute twenty per
(2) In case a vacancy arises in the National Assembly one year or representative district shall comprise, as far as practicable,
centum of the total number of representatives including those
more before a regular election, the Commission on Elections
under the party list. For three consecutive terms after the
shall call a special election to be held within sixty days after the
contiguous and compact territory.
ratification of this Constitution, one-half of the seats allocated to vacancy occurs.
Section 6.
party-list representatives shall be filled, as provided by law, by
The term of office of the Members of the House of
selection or election from the labor, peasant, urban poor,
Section 6.
indigenous cultural communities, women, youth, and such other The National Assembly shall convene once every year on the
sectors as may be provided by law, except the religious sector.
Representatives shall be four years and shall begin on the
thirtieth day of December next following their election.
fourth Monday of July for its regular session, unless a different
date is fixed by law, and shall continue to be in session until
Section 7.
(3) Each legislative district shall comprise, as far as practicable,
thirty days before the opening of its next regular session,
No person shall be a Member of the House of Representatives
contiguous, compact, and adjacent territory. Each city with a
exclusive of Saturdays, Sundays, and legal holidays. It may recess unless he be a natural born citizen of the Philippines, and, at the
population of at least two hundred fifty thousand, or each
for periods not exceeding thirty days each, and not more than
province, shall have at least one representative.
ninety days during the year. However, it may be called to session qualified elector, and a resident of the province in which he is
(4) Within three years following the return of every census, the
time of his election, is at least twenty-five years of age, a
at any time by the Prime Minister to consider such subjects or
chosen for not less than one year immediately prior to his
legislation as he may designate.
election.
Congress shall make a reappointment of legislative districts
based on the standards provided in this section.
Section 7.
Section 8.
(1) The National Assembly, shall, by a majority vote of all its
(1) Elections for Senators and Members of the House of
SEC. 6.
Members, elect its Speaker from the Members thereof. It shall
Representatives shall be held in the manner and on the dates
No person shall be a Member of the House of Representatives
choose such other officers as it may deem necessary.
fixed by law.
unless he is a natural-born citizen of the Philippines and, on the The election of the President and the Prime Minister shall
day of the election, is at least twenty-five years of age, able to
precede all other business following the election of the Speaker. (2) In case of vacancy in the Senate or in the House of
read and write, and, except the party-list representatives, a
Representatives, a special election may be called to fill such
registered voter in the district in which he shall be elected, and a (2) A majority of the National Assembly shall constitute a quorum vacancy in the manner prescribed by law, but the Senator or
resident thereof for a period of not less than one year
to do business, but a smaller number may adjourn from day to
Member of the House of Representatives thus elected shall serve
immediately preceding the day of the election.
day and may compel the attendance of absent Members in such only for the unexpired term.
manner, and under such penalties, as the National Assembly may
provide.
SEC. 7.
The Members of the House of Representatives shall be elected
for a term of three years which shall begin, unless otherwise
provided by law, at noon on the thirtieth day of June next
following their election.
No member of the House of Representatives shall serve for more
The Congress shall convene in regular session once every year on
(3) The National Assembly may determine the rules of its
the fourth Monday of January, unless a different date is fixed by
proceedings, punish its Members for disorderly behavior, and
law. It may be called in special session at any time by the
with concurrence of two-thirds of all its Members, suspend or
President to consider general legislation or only such subjects as
expel a Member, but if the penalty is suspension, this shall not
he may designate. No special session shall continue longer than
exceed sixty days.
thirty days and no regular session longer than one hundred days,
than three consecutive terms. Voluntary renunciation of the
office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for
which he was elected.
SEC. 8.
Unless otherwise provided by law, the regular election of the
Section 9.
exclusive of Sundays.
(4) The National Assembly shall keep a Journal of its proceedings,
and from time to time publish the same, excepting such parts as
may, in its judgment, affect national security; and the yeas and
Section 10.
nays on any question shall, at the request of one-fifth of the
(1) The Senate shall elect its President and the House of
Members present, be entered in the Journal.
Representatives its Speaker.
Each House shall choose such other officers as may be required.
Senators and the Members of the House of Representatives shall Section 8.
be held on the second Monday of May.
(1) Unless otherwise provided by law, each Member of the
(2) A majority of each House shall constitute a quorum to do
National Assembly shall receive an annual salary of sixty
business, but a smaller number may adjourn from day to day and
SEC. 9.
thousand pesos. The Speaker of the National Assembly shall
may compel the attendance of absent Members in such manner
In case of vacancy in the Senate or in the House of
receive an annual salary of seventy-five thousand pesos. No
and under such penalties as such House may provide.
Representatives, a special election may be called to fill such
increase in salary shall take effect until after the expiration of the
vacancy in the manner prescribed by law, but the Senator or
term of the Members of the National Assembly approving such
(3) Each House may determine the rule of its proceedings, punish
Member of the House of Representatives thus elected shall serve increase.
its Members for disorderly behavior, and, with the concurrence
only for the unexpired term.
of two-thirds of all its Members, expel a Member.
(2) The records and books of accounts of the National Assembly
SEC. 10.
shall be open to the public in accordance with law, and such
(4) Each House shall keep a Journal of its proceedings, and from
The salaries of Senators and Members of the House of
books shall be audited by the Commission on Audit which shall
time to time publish the same, excepting such parts as may in its
Representatives shall be determined by law. No increase in said publish annually the itemized expenditures for each Member.
judgment requires secrecy; and the yeas and nays on any
compensation shall take effect until after the expiration of the
question shall, at the request of one-fifth of the Members
full term of all the Members of the Senate and the House of
Section 9.
Representatives approving such increase.
A Member of the National Assembly shall, in all offenses
punishable by not more than six years imprisonment, be
SEC. 11.
present, be entered into the Journal.
(5) Neither House during the sessions of the Congress shall,
privileged from arrest during his attendance at its sessions, and without the consent of the other, adjourn for more than three
A Senator or Member of the House of Representatives shall, in all in going to and returning from the same; but the National
days, nor to any other place than that in which the two Houses
offenses punishable by not more than six years imprisonment, be Assembly shall surrender the Member involved to the custody of shall be sitting.
privileged from arrest while the Congress is in session. No
the law within twenty-four hours after its adjournment for a
member shall be questioned nor be held liable in any other place recess or its next session, otherwise such privilege shall cease
Section 11.
for any speech or debate in the Congress or in any committee
upon its failure to do so. A Member shall not be questioned or
The Senate and the House of Representatives shall have an
thereof.
held liable in any other place for any speech or debate in the
Electoral Tribunal which shall be the sole judge of all contests
Assembly or in any committee thereof.
relating to the election, returns, and qualifications of their
SEC. 12.
respective Members. Each Electoral Tribunal shall be composed
All Members of the Senate and the House of Representatives
Section 10.
of nine Members, three of whom shall be Justices of the
shall, upon assumption of office, make a full disclosure of their
A Member of the National Assembly shall not hold any other
Supreme Court to be designated by the Chief Justice, and the
financial and business interests. They shall notify the House
office or employment in the government, or any subdivision,
remaining six shall be Members of the Senate or the House of
concerned of a potential conflict of interest that may arise from agency, or instrumentality thereof, including government-owned Representatives, as the case may be, who shall be chosen by
the filing of a proposed legislation of which they are authors.
or controlled corporations during his tenure except that of Prime each House, three upon nomination of the party having the
Minister or Member of the Cabinet. Neither shall he be
largest number of votes and three of the party having the second
SEC. 13.
appointed to any civil office which may have been created or the largest numbers of votes therein. The senior Justice in each
No Senator or a Member of the House of Representatives may
emoluments thereof increased while he was a Member of the
Electoral Tribunal shall be its Chairman.
hold any other office or employment in the Government, or any National Assembly.
subdivision, agency, or instrumentality thereof, including
government-owned or controlled corporations or their
Section 11.
Section 12.
subsidiaries, during his term without forfeiting his seat. Neither No Member of the National Assembly shall appear as counsel
There shall be a Commission on Appointments consisting of
shall he be appointed to any office which may have been created before any court inferior to a court with appellate jurisdiction,
twelve Senators and twelve Members of the House of
or the emoluments thereof increased during the term for which before any court in any civil case wherein the government, or
Representatives, elected by each House, respectively, on the
he was elected.
any subdivision, agency, or instrumentality thereof is the adverse basis of proportional representation of the political parties
party, or before any administrative body. Neither shall he,
therein. The president of the Senate shall be the Chairman ex
SEC. 14.
directly or indirectly, be interested financially in any contract
officio of the Commission, but shall not vote except in case of tie.
No Senator or Member of the House of Representatives may
with, or in any franchise or special privilege granted by, the
personally appear as counsel before any court of justice or
government, or any subdivision, agency, or instrumentality
before the Electoral Tribunals, or quasi-judicial and other
thereof, including any government-owned or controlled
administrative bodies. Neither shall he, directly or indirectly, be corporation, during his term of office. He shall not intervene in
Section 13.
The Electoral Tribunal and the Commission on Appointments
interested financially in any contract with, or in any franchise or any matter before any office of the government for his pecuniary shall be constituted within thirty days after the Senate and the
special privilege granted by the Government, or any subdivision, benefit.
House of Representatives shall have been organized with the
agency, or instrumentality thereof, including any government-
election of their President and Speaker, respectively. The
owned or controlled corporation, or its subsidiary, during his
Section 12.
Commission on Appointments shall meet only while the Congress
term of office. He shall not intervene in any matter before any
(1) There shall be a question hour at least once a month or as
is in session, at the call of its Chairman or a majority of its
office of the Government for his pecuniary benefit or where he
often as the rules of the National Assembly may provide, which
Members, to discharge such powers and functions as are herein
may be called upon to act on account of his office.
shall be included in its agenda, during which the Prime Minister conferred upon it.
or any Minister may be required to appear and answer questions Section 14.
SEC. 15.
and interpellations by Members of the National Assembly.
The Senators and the Members of the House of Representatives
The Congress shall convene once every year on the fourth
Written questions shall be submitted to the Speaker at least
shall, unless otherwise provided by law, receive an annual
Monday of July for its regular session, unless a different date is
three days before a scheduled question hour. Interpellations
compensation of seven thousand two hundred pesos each,
fixed by law, and shall continue to be in session for such number shall not be limited to the written questions, but may cover
including per diems and other emoluments or allowances and
of days as it may determine until thirty days before the opening matters related thereto. The agenda shall specify the subjects of exclusive only of traveling expenses to and from their respective
of its next regular session, exclusive of Saturdays, Sundays, and
the question hour. When the security of the State so requires
districts in the case of Members of the House of Representatives,
legal holidays. The President may call a special session at any
and the Prime Minister so states in writing, the question hour
and to an from their places of residence in the case of Senators,
time.
shall be conducted in executive session.
when attending sessions of the Congress. No increase in said
compensation shall take effect until after the expiration of the
SEC. 16.
(2) The National Assembly or any of its committees may conduct full term of all the Members of the Senate and of the House of
(1) The Senate shall elect its President and the House of
inquiries in aid of legislation in accordance with its duly published Representatives approving such increase. Until otherwise
Representatives its Speaker, by a majority vote of all its
rules of procedure. The rights of persons appearing in such
provided by law, the President of the Senate and the Speaker of
respective Members.
inquiries shall be respected.
the House of Representatives shall each receive an annual
Each House shall choose such other officers as it may deem
compensation of sixteen thousand pesos.
necessary.
Section 13.
(2) A majority of each House shall constitute a quorum to do
(1) The National Assembly may withdraw its confidence from the
business, but a smaller number may adjourn from day to day and Prime Minister only by electing a successor by a majority vote of Section 15.
may compel the attendance of absent Members in such manner, all its Members. No motion for the election of such successor
The Senators and Members of the House of Representatives shall
and under such penalties, as such House may provide.
shall be debated and voted upon until after the lapse of three
in all cases except treason, felony, and breach of the peace, be
(3) Each House may determine the rules of its proceedings,
days from the submittal of such motion.
privileged from arrest during their attendance at the session of
punish its Members for disorderly behavior, and, with the
the Congress, and in going to and returning from the same; and
concurrence of two-thirds of all its Members, suspend or expel a (2) The Prime Minister may advise the President in writing to
for any speech or debate therein, they shall not be questioned in
Member. A penalty for suspension, when imposed, shall not
any other place.
dissolve the National Assembly whenever the need arises for a
exceed sixty days.
popular vote of confidence on fundamental issues, but not on a
(4) Each House shall keep a Journal of its proceedings, and from matter involving his own personal integrity. Whereupon, the
time to time publish the same, excepting such parts as may, in its President shall dissolve the National Assembly not earlier than
Section 16.
judgment, affect national security; and the yeas and nays on any five days nor later than ten days from his receipt of the advice,
No Senator or Member of the House of Representatives may
question shall, at the request of one-fifth of the members
and call for an election on a date set by the Prime Minister which hold any other office or employment in the government without
present, be entered in the Journal.
shall not be earlier than forty-five days nor later than sixty days
Each House shall also keep a Record of its proceedings.
from the date of such dissolution. However, no dissolution of the of Representatives, during the time for which he was elected, be
(5) Neither House during the sessions of the Congress shall,
National Assembly shall take place within nine months
without the consent of the other, adjourn for more than three
immediately preceding a regular election or within nine months emoluments whereof shall have been increased while he was a
days, nor to any other place than that in which the two Houses
immediately following any general election.
shall be sitting.
SEC. 17.
forfeiting his seat, nor shall any Senator or Member of the House
appointed to any civil office which may have been created or the
Member of the Congress.
Section 17.
(3) In case of dissolution of the National Assembly or the
No Senator or Member of the House of Representatives shall
termination of its regular term, the incumbent Prime Minister
directly or indirectly be financially interested in any contract with
The Senate and the House of Representatives shall each have an and the Cabinet shall continue to conduct the affairs of
the government or any subdivision or instrumentality thereof, or
Electoral Tribunal which shall be the sole judge of all contests
government until the new National Assembly is convoked and a in any franchise or special privilege granted by the Congress
relating to the election, returns, and qualifications of their
Prime Minister is elected and has qualified.
respective Members. Each Electoral Tribunal shall be composed
during his term of office. He shall not appear as counsel before
the Electoral Tribunals or before any court in any civil case
of nine Members, three of whom shall be Justices of the
Section 14.
wherein the Government or any subdivision or instrumentality
Supreme Court to be designated by the Chief Justice, and the
(1) Except as otherwise provided in this Constitution, no treaty
thereof is the adverse party, or in any criminal case wherein an
remaining six shall be Members of the Senate or the House of
shall be valid and effective unless concurred in by a majority of
officer or employee of the government is accused of an offense
Representatives, as the case may be, who shall be chosen on the all the Members of the National Assembly.
committed in relation to his office, or collect any fee for his
basis of proportional representation from the political parties
appearance in any administrative proceedings; or accept
and the parties or organizations registered under the party-list
(2) The National Assembly, by a vote of two-thirds of all its
employment to intervene in any cause or matter where he may
system represented therein. The senior Justice in the Electoral
Members, shall have the sole power to declare the existence of a be called upon to act on account of his office. No Member of the
Tribunal shall be it Chairman.
state of war.
Commission on Appointments shall appear as counsel before any
court inferior to a collegiate court of appellate jurisdiction.
SEC. 18.
Section 15.
There shall be a Commission on Appointments consisting of the In times of war or other national emergency, the National
Section 18.
President of the Senate, as ex officio Chairman, twelve Senators, Assembly may by law authorize the Prime Minister, for a limited All appropriation, revenue or tariff bills, bills authorizing increase
and twelve Members of the House of Representatives, elected by period and subject to such restrictions as it may prescribe, to
of the public debt, bills of local application, and private bills, shall
each House on the basis of proportional representation from the exercise powers necessary and proper to carry out a declared
originate exclusively in the House of Representatives, but the
political parties or organizations registered under the party-list
national policy. Unless sooner withdrawn by resolution of the
Senate may propose or concur with amendments.
system represented therein. The Chairman of the Commission
National Assembly, such powers shall cease upon its next
shall not vote, except in case of a tie. The Commission shall act
adjournment.
on all appointments submitted to it within thirty session days of
Section 19.
(1) The President shall submit within fifteen days of the opening
the Congress from their submission. The Commission shall rule
Section 16.
of each regular session of the Congress a budget of receipts and
by a majority vote of all the Members.
(1) The Prime Minister shall submit to the National Assembly
expenditures, which shall be the basis of the general
within thirty days from the opening of each regular session, as
appropriations bill. The Congress may not increase the
SEC. 19.
the basis of the general appropriations bill, a budget of receipts appropriations recommended by the President for the operation
The Electoral Tribunals and the Commission on Appointments
based on existing and proposed revenue measures, and of
shall be constituted within thirty days after the Senate and the
expenditures. The form, content, and manner of preparation of appropriations for the Congress and the Judicial Department. The
House of Representatives shall have been organized with the
the budget shall be prescribed by law.
election of the President and the Speaker. The Commission on
(2) No provision or enactment shall be embraced in the general shall be prescribed by law.
of the Government as specified in the Budget, except the
form of the Budget and the information that it should contain
Appointments shall meet only while the Congress is in session, at appropriations bill unless it relates specifically to some particular (2) No provision or enactment shall be embraced in the general
the call of its Chairman or a majority of all its Members, to
appropriation therein. Any such provision or enactment shall be appropriations bill unless it relates specifically to some particular
discharge such powers and functions as are herein conferred
limited in its operation to the appropriation to which it relates.
upon it.
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 National
SEC. 20.
Assembly shall strictly follow the procedure for approving
Section 20.
The records and books of accounts of the Congress shall be
appropriations for other departments and agencies.
(1) Every bill passed by the Congress shall, before it becomes a
preserved and be open to the public in accordance with law, and
such books shall be audited by the Commission on Audit which
law, be presented to the President. If he approves the same, he
(4) A special appropriations bill shall specify the purpose for
shall sign it; but if not, he shall return it with his objections to the
shall publish annually an itemized list of amounts paid to and
which it is intended, and shall be supported by funds actually
expenses incurred for each Member.
available as certified to by the National Treasurer, or to be raised large on its Journal and proceed to reconsider it. If, after such
by a corresponding revenue proposal included therein.
SEC. 21.
The Senate or the House of Representatives or any of its
House where it originated, which shall enter the objections at
reconsideration, two-thirds of all the Members of such House
shall agree to pass the bill, it shall be sent together, with the
(5) No law shall be passed authorizing any transfer of
objections, to the House by which it shall likewise be
respective committees may conduct inquiries in aid of legislation appropriations; however, the Prime Minister, the Speaker, the
reconsidered, and if approved by two-thirds of all the Members
in accordance with its duly published rules of procedure. The
of that House, it shall become a law. In all such cases, the votes
Chief Justice of the Supreme Court, and the heads of
rights of persons appearing in or affected by such inquiries shall Constitutional Commissions may by law be authorized to
of each House shall be determined by yeas and nays, and the
be respected.
augment any item in the general appropriations law for their
names of the Members voting for and against shall be entered on
respective offices from saving in other items of their respective
its Journal. If any bill shall not be returned by the President as
appropriations.
herein provided within twenty days (Sundays excepted) after it
SEC. 22.
The heads of departments may upon their own initiative, with
shall have been presented to him, the same shall become a law
the consent of the President, or upon the request of either
(6) If, by the end of the fiscal year, the National Assembly shall
House, as the rules of each House shall provide, appear before
have failed to pass the general appropriations bill for the ensuing adjournment prevent its return, in which case it shall become a
and be heard by such House on any matter pertaining to their
fiscal year, the general appropriations law for the preceding fiscal law unless vetoed by the President within thirty days after
departments. Written questions shall be submitted to the
year shall be deemed re-enacted and shall remain in force and
President of the Senate or the Speaker of the House of
effect until the general appropriations bill is passed by the
Representatives at least three days before their scheduled
National Assembly.
appearance. Interpellations shall not be limited to written
in like manner as if he had signed it, unless the Congress by
adjournment.
(2) The President shall have the power to veto any particular
item or items of an appropriation bill, but the veto shall not
questions, but may cover matters related thereto. When the
Section 17.
affect the item or items to which he does not object. When a
security of the State or the public interest so requires and the
(1) The rule of taxation shall be uniform and equitable. The
provision of an appropriation bill affects one or more items of
President so states in writing, the appearance shall be conducted National Assembly shall evolve a progressive system of taxation. the same, the President cannot veto the provision without at the
in executive session.
SEC. 23.
same time, vetoing the particular item or items to which it
(2) The National Assembly may by law authorize the Prime
relates. The item or items objected to shall not take effect except
Minister to fix within specified limits, and subject to such
in the manner heretofore provided as to bills returned to the
(1) The Congress, by a vote of two-thirds of both Houses in joint limitations and restrictions as it may impose, tariff rates, import Congress without the approval of the President. If the veto refers
session assembled, voting separately, shall have the sole power and export quotas, tonnage and wharfage dues, and other duties to a bill or any item of an appropriation bill which appropriates a
to declare the existence of a state of war.
or imposts.
sum in excess of ten per centum of the total amount voted in the
appropriation bill for the general expenses of the Government
(2) In times of war or other national emergency, the Congress
(3) Charitable institutions, churches, personages or convents
may, by law, authorize the President, for a limited period and
appurtenant thereto, mosques and non-profit cemeteries, and all increase of the public debt, the same shall not become a law
subject to such restrictions as it may prescribe, to exercise
lands, buildings and improvements actually, directly, and
unless approved by three-fourths of all the Members of each
powers necessary and proper to carry out a declared national
exclusively used for religious or charitable purposes shall be
House.
policy. Unless sooner withdrawn by resolution of the Congress,
exempt from taxation.
such powers shall cease upon the next adjournment thereof.
(3) The President shall have the power to veto any separate item
(4) No law granting any tax exemption shall be passed without
SEC. 24.
for the preceding year, or if it should refer to a bill authorizing an
or items in a revenue of tariff bill, and the item or items shall not
the concurrence of a majority of all the Members of the National take effect except in the manner provided as to bills vetoed by
All appropriation, revenue or tariff bills, bills authorizing increase Assembly.
the President.
of public debt, bills of local application, and private bills shall
originate exclusively in the House of Representatives, but the
Section 18.
Section 21.
Senate may propose or concur with amendments.
(1) No money shall be paid out of the Treasury except in
(1) No bill which may be enacted into law shall embrace more
pursuance of an appropriation made by law.
than one subject which shall be expressed in the title of the bill.
(1) The Congress may not increase the appropriations
(2) No public money or property shall ever be appropriated,
(2) No bill shall be passed by either House unless it shall have
recommended by the President for the operation of the
applied, paid, or used, directly or indirectly, for the use, benefit, been printed and copies thereof in its final form furnished its
Government as specified in the budget. The form, content, and
or support of any sect, church, denomination, sectarian
SEC. 25.
manner of preparation of the budget shall be prescribed by law. institution, or system of religion or for the use, benefit, or
support of any priest, preacher, minister, or other religious
Members at least three calendar days prior to its passage, except
when the President shall have certified to the necessity of its
immediate enactment. Upon the last reading of a bill no
(2) No provision or enactment shall be embraced in the general teacher or dignitary as such, except when such priest, preacher, amendment thereof shall be allowed, and the question upon its
appropriations bill unless it relates specifically to some particular minister, or dignitary is assigned to the armed forces, or to any
passage shall be taken immediately thereafter, and the yeas and
appropriation therein. Any such provision or enactment shall be penal institution, or government orphanage or leprosarium.
nays entered on the Journal.
limited in its operation to the appropriation to which it relates.
Section 19.
Section 22.
(3) The procedure in approving appropriations for the Congress
(1) Every bill shall become a law unless it has passed three
(1) The rule of taxation shall be uniform.
shall strictly follow the procedure for approving appropriations
readings on separate days, and printed copies thereof in its final
for other departments or agencies.
form have been distributed to the Members three days before its (2) The Congress may by law authorize the President, subject to
passage, except when the Prime Minister certifies to the
such limitations and restrictions as it may impose, to fix, within
(4) A special appropriations bill shall specify the purpose for
necessity of its immediate enactment to meet a public calamity specified limits, tariff rates, import or export quotas, and
which it is intended, and shall be supported by funds actually
or emergency. Upon the last reading of a bill, no amendment
tonnage and wharfage dues.
available as certified by the National Treasurer, or to be raised by thereto shall be allowed, and the vote thereon shall be taken
a corresponding revenue proposed therein.
immediately thereafter, and the yeas and nays entered in the
(3) Cemeteries, churches, and parsonages or convents
Journal.
appurtenant thereto, and all lands, buildings, and improvements
(5) No law shall be passed authorizing any transfer of
used exclusively for religious, charitable, or educational purposes
appropriations; however, the President, the President of the
(2) No bill except those of local application shall be calendared
Senate, the Speaker of the House of Representatives, the Chief
without the prior recommendation of the Cabinet.
shall be exempt from taxation.
Justice of the Supreme Court, and the Constitutional
Section 23.
Commissions may, by law, be authorized to augment any item in Section 20.
(1) All money collected on any tax levied for a special purpose
the general appropriations law for their respective offices from
(1) Every bill passed by the national Assembly shall, before it
shall be treated as a special fund and paid out for such purpose
savings in other items of their respective appropriations.
becomes a law, be presented to the Prime Minister. If he
only. If the purpose for which a special fund was crated has been
approves the same he shall sign it; otherwise, he shall veto it and fulfilled or abandoned, the balance, if any, shall be transferred to
(6) Discretionary funds appropriated for particular officials shall return the same with his objections to the National Assembly.
the general funds of the Government.
be disbursed only for public purposes to be supported by
The bill may be reconsidered by the National Assembly and, if
appropriate vouchers and subject to such guidelines as may be
approved by two-thirds of all its Members, shall become a law.
prescribed by law.
The Prime Minister shall act on every bill passed by the National of an appropriation made by law.
(2) No money shall be paid out of Treasury except in pursuance
Assembly within thirty days after the date of receipt thereof;
(7) If, by the end of any fiscal year, the Congress shall have failed otherwise, it shall become a law as if he had signed it.
(3) No public money, or property shall ever be appropriated,
to pass the general appropriations bill for the ensuing fiscal year, (2) The Prime Minister shall have the power to veto any
applied, or used, directly or indirectly, for the use, benefit, or
the general appropriations law for the preceding fiscal year shall particular item or items in appropriation, revenue, or tariff bill,
support of any sect, church, denomination, sectarian institution
be deemed reenacted and shall remain in force and effect until
but the veto shall not affect the item or items to which he does
or system of religion, for the use, benefit, or support of any
the general appropriations bill is passed by the Congress.
not object.
priest, preacher, ministers, or other religious teacher or dignitary
as such except when such priest, preacher, minister, or dignitary
SEC. 26.
is assigned to the armed forces or to any penal institution,
(1) Every bill passed by the Congress shall embrace only one
orphanage or leprosarium.
subject which shall be expressed in the title thereof.
Section 24.
(2) No bill passed by either House shall become a law unless it
The heads of departments upon their own initiative or upon the
has passed three readings on separate days, and printed copies
request of either House may appear before and be heard by such
thereof in its final form have been distributed to its members
House on any matter pertaining to their departments, unless the
three days before its passage, except when the President
public interest shall require otherwise and the President shall so
certifies to the necessity of its immediate enactment to meet a
state in writing.
public calamity or emergency. Upon the last reading of a bill, no
Section 25.
amendment thereto shall be allowed, and the vote thereon shall
The Congress, shall, with the concurrence of two-thirds of all the
be taken immediately thereafter, and the yeas and nays entered
Members of each House, have the sole power to declare war.
in the Journal.
Section 26. In times of war and other national emergency the
Congress may by law authorize the President, for a limited
SEC. 27.
period, and subject to such restrictions as it may prescribe, to
(1) Every bill passed by the Congress shall, before it becomes a
promulgate rules and regulations to carry out a declared national
law, be presented to the President. If he approves the same, he
policy.
shall sign it; otherwise, he shall veto it and return the same with
his objections to the House where it originated, which shall enter
the objections at large in its Journal and proceed to reconsider it.
If, after such reconsideration, two-thirds of all the Members of
such House shall agree to pass the bill, it shall be sent, together
with the objections, to the other House by which it shall likewise
be reconsidered, and if approved by two-thirds of all the
Members of that House, it shall become a law. In all such cases,
the votes of each House shall be determined by yeas or nays, and
the names of the Members voting for or against shall be entered
in its Journal. The President shall communicate his veto of any
bill to the House where it originated within thirty days after the
day of receipt thereof; otherwise, it shall become a law as if he
had signed it.
(2) The President shall have the power to veto any particular
item or items in an appropriation, revenue, or tariff bill, but the
veto shall not affect the item or items to which he does not
object.
SEC. 28.
(1) The rule of taxation shall be uniform and equitable. The
Congress shall evolve a progressive system of taxation.
(2)The Congress may, by law, authorize the President to fix
within specified limits, and subject to such limitations and
restrictions as it may impose, tariff rates, import and export
quotas, tonnage and wharfage dues, and other duties or imposts
within the framework of the national development program of
the Government.
(3)Charitable institutions, churches and parsonages or covenants
appurtenant thereto, mosques, non-profit cemeteries, and all
lands, buildings, and improvements, actually, directly, and
exclusively used for religious, charitable, or educational purposes
shall be exempt from taxation.
(4) No law granting any tax exemption shall be passed without
the concurrence of a majority of all the Members of the
Congress.
SEC. 29.
(1) No money shall be paid out of the Treasury except in
pursuance of an appropriation made by law.
(2) No public money or property shall be appropriated, applied,
paid, or employed, directly or indirectly, for the use, benefit, or
support of any sect, church, denomination, sectarian institution,
or system of religion, or of any priest, preacher, minister, or
other religious teacher, or dignitary as such, except when such
priest, preacher, minister, or dignitary is assigned to the armed
forces, or to any penal institution, or government orphanage or
leprosarium.
(3) All money collected on any tax levied for a special purpose
shall be treated as a special fund and paid out for such purpose
only. If the purpose for which a special fund was created has
been fulfilled or abandoned, the balance, if any, shall be
transferred to the general funds of the Government.
SEC. 30.
No law shall be passed increasing the appellate jurisdiction of the
Supreme Court as provided in this Constitution without its advice
and concurrence.
SEC. 31.
No law granting a title of royalty or nobility shall be enacted.
SEC. 32.
The Congress shall, as early as possible, provide for a system of
initiative and referendum, and the exceptions therefrom,
whereby the people can directly propose and enact laws or
approve or reject any act or law or part thereof passed by the
Congress or local legislative body after the registration of a
petition therefor signed by at least ten per centum of the total
number of registered voters, of which every legislative district
must be represented by at least three per centum of the
registered voters thereof.
ARTICLE VII
ARTICLE VII
ARTICLE VII
Executive Department
The President and Vice-President
Executive Department
SEC 1.
Section 1.
Section 1.
The executive power shall be vested in the President of the
The President shall be the head of state and chief executive of
The executive power shall be vested in a President of the
Philippines.
the Republic of the Philippines.
Philippines.
SEC. 2.
Section 2.
Section 2.
No person may be elected President unless he is a natural-born There shall be a Vice-President who shall have the same
The President shall hold his office during a term of four years and
citizen of the Philippines, a registered voter, able to read and
together with the Vice-President chosen for the same term, shall
qualifications and term of office as the President and may be
write, at least forty years of age on the day of the election, and a removed from office in the same manner as the President as
be elected by direct vote of the people. The returns of every
resident of the Philippines for at least ten years immediately
election for President and Vice-President, duly certified by the
provided in Article XIII, Section 2 of this Constitution.
preceding such election.
SEC. 3.
board of canvassers of each province or city, shall be transmitted
The Vice-President may be appointed as a member of the
to the seat of the National Government, directed to the
Cabinet and may be nominated and elected as Prime Minister.
President of the Senate, who shall, in the presence of the Senate
There shall be a Vice-President who shall have the same
qualifications and term of office and be elected with and in the
and the House of Representatives, open all the certificates, and
The Vice-President shall be elected with and in the same manner the votes shall then be counted. The person respectively having
same manner as the President. He may be removed from office as the President.
the highest number of votes for President and Vice-President
in the same manner as the President.
shall be declared elected, but in case two or more shall have an
The Vice-President may be appointed as a Member of the
The President shall be elected from among the Members of the equal and the highest number of votes for their office, one of
Cabinet. Such appointment requires no confirmation.
National Assembly by a majority vote of all its Members for a
them shall be chosen President or Vice-President, as the case
term of six years from the date he takes his oath of office, which may be, by a majority vote of the Members of the Congress in
SEC. 4.
shall not be later than three days after the proclamation of the
joint session assembled.
The President and the Vice-President shall be elected by direct
National Assembly, nor in any case earlier than the expiration of
vote of the people for a term of six years which shall begin at
the term of his predecessor. Upon taking his oath of office, the
Section 3.
noon on the thirtieth day of June following the day of the
President shall cease to be a Member of the National Assembly
No person may be elected to the office of the President or Vice-
election and shall end at noon of the same date six years
and of any political party. He shall be ineligible to hold any other President unless he is a natural born citizen of the Philippines, a
thereafter. The President shall not be eligible for any reelection. elective office during his term.
qualified voter, forty years of age or over, and has been a
No person who has succeeded as President and has served as
resident of the Philippines for at least ten years immediately
such for more than four years shall be qualified for election to
Section 3.
the same office at any time.
No person may be elected President unless he is at least fifty
preceding the election.
years of age at the day of his election as President, and a resident Section 4.
No Vice-President shall serve for more than two consecutive
of the Philippines for at least ten years immediately preceding his Elections for President and Vice-President shall be held once
terms. Voluntary renunciation of the office for any length of time election. However, if no Member of the National Assembly is
every four years on a date to be fixed by law.
shall not be considered as an interruption in the continuity of the qualified or none of those qualified is a candidate for President,
service for the full term for which he was elected.
any Member thereof may be elected President.
Unless otherwise provided by law, the regular election for
The terms of the President and Vice-President shall end at noon
on the thirtieth day of December following the expiration of four
President and Vice-President shall be held on the second
Section 4.
years after their election, and the terms of their successors shall
Monday of May.
(1) The President shall have an official residence and shall receive begin from such time.
a compensation to be fixed by law, which shall not be increased
The returns of every election for President and Vice-President,
or decreased during his term of office. He shall not receive during Section 5.
duly certified by the board of canvassers of each province or city, his tenure any other emolument from the government or any
No person shall serve as President for more than eight
shall be transmitted to the Congress, directed to the President of other source. Until the National Assembly shall provide
consecutive years. The period of such service shall be counted
the Senate. Upon receipt of the certificates of canvass, the
from the date he shall have commenced to act as President.
otherwise, the President shall receive an annual salary of one
President of the Senate shall, not later than thirty days after the hundred thousand pesos.
Voluntary renunciation of the office for any length of time shall
day of the election, open all certificates in the presence of the
not be considered as an interruption in the continuity of the
Senate and the House of Representatives in joint public session, (2) The President shall not during his tenure, hold any appointive service of the incumbent for the full term for which he was
and the Congress, upon determination of the authenticity and
office, practice any profession, participate directly or indirectly in elected.
due execution thereof in the manner provided by law, canvass
the management of any business, or be financially interested
the votes.
directly or indirectly in any contract with, or in any franchise or
Section 6.
special privilege granted by, the government or any subdivision, If, at the time fixed for the beginning of the term of the
The person having the highest number of votes shall be
agency, or instrumentality thereof, including government-owned President, the President-elect shall have died, the Vice-President-
proclaimed elected, but in case two or more shall have an equal or controlled corporations.
elect shall become President. If a President shall not have been
and highest number of votes, one of them shall forthwith be
chosen before the time fixed for the beginning of his term or if
chosen by the vote of a majority of all the Members of the
Section 5.
the President shall have failed to qualify, then the Vice-President
Congress, voting separately.
In case of permanent disability, death, removal from office, or
shall act as President until a President shall have qualified, and
The Congress shall promulgate its rules for the canvassing of the resignation of the President, the Speaker of the National
the Congress may by law provide for the case wherein neither a
certificates.
Assembly shall act as President until a successor has been
President-elect nor a Vice-President-elect shall have qualified,
elected for the unexpired portion of the term of the President.
declaring who shall then act as President, or the manner in which
The Supreme Court, sitting en banc, shall be the sole judge of all
one who is to act shall be selected, and such person shall act
contests relating to the election, returns, and qualifications of
Section 6.
accordingly until a President or Vice-President shall have
the President or Vice- President, and may promulgate its rules
The President shall have the following duties and functions:
qualified.
for the purpose.
(1) Address the National Assembly at the opening of its regular
SEC. 5.
session.
Before they enter on the execution of their office, the President,
the Vice-President, or the Acting President shall take the
Section 7.
Before he enters on the execution of his office, the President
shall take the following oath or affirmation :
(2) Proclaim the election of the Prime Minister.
"I do solemnly swear (or affirm) that I will faithfully and
following oath or affirmation :
(3) Dissolve the National Assembly and call for a general election conscientiously fulfill my duties as President of the Philippines,
"I do solemnly swear (or affirm) that I will faithfully and
as provided herein.
to every man, and consecrate myself to the service of the Nation.
conscientiously fulfill my duties as President (or Vice-President or
Acting President) of the Philippines, preserve and defend its
(4) Accept the resignation of the Cabinet as provided herein.
(In case of affirmation, last sentence will be omitted.)
(5) Attest to the appointment or cessation from office of
Members of the Cabinet, and of other officers as may be
Section 8.
provided by law.
In the event of the removal of the President from office, or his
death, resignation, or inability to discharge the powers and
SEC. 6.
The President shall have an official residence. The salaries of the
President and Vice-President shall be determined by law and
(6) Appoint all officers and employees in his office in accordance duties of the said office, the same shall devolve on the Vicewith the Civil Service Law.
term of the incumbent during which such increase was approved.
They shall not receive during their tenure any other emolument
President, and the Congress shall by law provide for the case of
removal, death, resignation, or inability, both of the President
shall not be decreased during their tenure. No increase in said
compensation shall take effect until after the expiration of the
So help me God." (In case of affirmation, last sentence will be
omitted)
Constitution, execute its laws, do justice to every man, and
consecrate myself to the service of the Nation. So help me God."
preserve and defend its Constitution, execute its laws, do justice
(7) Perform such other duties and functions of State as may be
and Vice-President, declaring what officer shall then act as
provided by law.
President, and such officer shall act accordingly, until the
disability be removed, or a President shall be elected.
from the Government or any other source.
Section 7.
The President shall be immune from suit during his tenure.
Section 9.
SEC. 7.
The President shall have an official residence and receive a
The President-elect and the Vice-President-elect shall assume
compensation to be ascertained by law which shall be neither
office at the beginning of their terms.
increased nor diminished during the period of which he shall
If the President-elect fails to qualify, the Vice-President-elect
have been elected, and he shall not receive within the period any
shall act as President until the President-elect shall have
other emolument from the Government or any of its subdivisions
qualified.
or instrumentalities. Until the Congress shall provide otherwise,
If a President shall not have been chosen, the Vice-President-
the President shall receive an annual salary of thirty thousand
elect shall act as President until a President shall have been
pesos. The Vice-President, when not acting as President, shall
chosen and qualified.
receive an annual compensation of fifteen thousand pesos until
If at the beginning of the term of the President, the President-
otherwise provided by law.
elect shall have died or have become permanently disabled, the
Vice-President-elect shall become President.
Section 10.
(1) The President shall have control of all executive departments,
Where no President and Vice-President shall have been chosen
bureaus or offices, exercise general provision over all local
or shall have qualified, or where both shall have died or become
governments as may be provided by law, and take care that the
permanently disabled, the President of the Senate or, in case of
laws be faithfully executed.
his inability, the Speaker of the House of Representatives shall
act as President until a President or a Vice-President shall have
(2) The President shall be commander-in-chief of all armed forces
been chosen and qualified.
of the Philippines, and, whenever it becomes necessary, he may
call out such armed forces to prevent or suppress lawless
The Congress shall provide for the manner in which one who is to
violence, invasion, insurrection, or rebellion. In case of invasion,
act as President shall be selected until a President or a Vice-
insurrection, or rebellion or imminent danger thereof, when the
President shall have qualified, in case of death, permanent
public safety requires it, he may suspend the privilege of the writ
disability, or inability of the officials mentioned in the next
of habeas corpus, or place the Philippines or any part thereof
preceding paragraph.
under Martial Law.
SEC. 8.
(3) The President shall nominate and with the consent of the
In case of death, permanent disability, removal from office, or
Commission on Appointments, shall appoint the heads of the
resignation of the President, the Vice-President shall become the
executive departments and bureaus, officers of the Army from
President to serve the unexpired term. In case of death,
the rank of colonel, of the Navy and Air Forces from the rank of
permanent disability, removal from office, or resignation of both
captain or commander, and all other officers of the Government
the President and Vice-President, the President of the Senate or,
whose appointments are not herein otherwise provided for, and
in case of his inability, the Speaker of the House of
those whom he may be authorized by law to appoint; but the
Representatives, shall then act as President until the President or
Congress may by law vest the appointment of inferior officers, in
Vice-President shall have been elected and qualified.
the President alone, in the courts, or in the heads of
departments.
The Congress shall, by law, provide who shall serve as President
in case of death, permanent disability, or resignation of the
(4) The President shall have the power to make appointments
Acting President. He shall serve until the President or the Vice-
during the recess of the Congress, but such appointments shall
President shall have been elected and qualified, and be subject
be effective only until disapproval by the Commission on
to the same restrictions of powers and disqualifications as the
Appointments or until the next adjournment of the Congress.
Acting President.
(5) The President shall from time to time give to the Congress
SEC. 9.
information on the state of the Nation, and recommend to its
Whenever there is a vacancy in the Office of the Vice-President
consideration such measures as he shall judge necessary and
during the term for which he was elected, the President shall
expedient.
nominate a Vice-President from among the Members of the
Senate and the House of Representatives who shall assume
(6) The President shall have the power to grant reprieves,
office upon confirmation of a majority vote of all the Members of
commutations, and pardons, and remit fines and forfeitures,
both Houses of the Congress, voting separately.
after conviction, for all expenses except in case of impeachment,
upon such conditions and with such restrictions and limitations
SEC. 10.
as he may deem proper to impose. He shall have the power to
The Congress shall, at ten o'clock in the morning of the third day
grant amnesty with the concurrence of the Congress.
after the vacancy in the offices of the President and VicePresident occurs, convene in accordance with its rules without
(7) The President shall have the power, with the concurrence of
need of a call and within seven days enact a law calling for a
two-thirds of all the Members of the Senate to make treaties,
special election to elect a President and a Vice-President to b
and with the consent of the Commission on Appointments, he
held not earlier than forty-five days nor later than sixty days from
shall appoint ambassadors, other public ministers, and consuls.
the time of such call. The bill calling such special election shall be
He shall receive ambassadors and other public ministers duly
deemed certified under paragraph 2, Section 26, Article VI of this
accredited to the Government of the Philippines.
Constitution and shall become law upon its approval on third
reading by the Congress.
Section 11.
(1) The executive departments of the present Government of the
Appropriations for the special elections shall be charged against
Philippine Islands shall continue as now authorized by law until
any current appropriations and shall be exempt from the
the Congress shall provide otherwise.
requirements of paragraph 4, Section 25, Article VI of this
Constitution. The convening of the Congress cannot be
(2) The heads of the departments and chiefs of bureaus or offices
suspended nor the special election postponed. No special
and their assistants shall not, during their continuance in office,
election shall be called if the vacancy occurs within eighteen
engage in the practice of any profession, or intervene, directly or
months before the date of the next presidential election.
indirectly, in the management or control of any private
enterprise which in any way may be affected by the functions of
SEC. 11.
their office; nor shall they, directly or indirectly, be financially
Whenever the President transmits to the President of the Senate
interested in any contract with the Government, or any
and the Speaker of the House of Representatives his written
subdivision or instrumentality thereof.
declaration that he is unable to discharge the powers and duties
of his office and until he transmits to them a written declaration
(3) The President may appoint the Vice-President as a member of
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 President of the Senate and to the Speaker of the House of
Representatives their written declaration that the President is
unable to discharge the powers and duties of his office, the VicePresident shall immediately assume the powers and duties of the
office as Acting President.
Thereafter, when the President transmits to the President of the
Senate and to the Speaker of the House of Representatives his
written declaration that no inability exists, he shall reassume the
powers and duties of his office. Meanwhile, should a majority of
all the Members of the Cabinet transmit within five days to the
President of the Senate and to the Speaker of the House of
Representatives their written declaration that the President is
unable to discharge the powers and duties of his office, the
Congress shall decide the issue. For that purpose, the Congress
shall convene, if it is not in session, within forty-eight hours, in
accordance with its rules and without need of call.
If the Congress, within ten days after receipt of the last written
declaration, or, if not in session, within twelve days after it is
required to assemble, determines by a two-thirds vote of both
Houses, voting separately, that the President is unable to
discharge the powers and duties of his office, the Vice-President
his Cabinet and also as head of an executive department.
shall act as the President; otherwise, the President shall continue
exercising the powers and duties of his office.
SEC. 12.
In case of serious illness of the President, the public shall be
informed of the state of his health. The Members of the Cabinet
in charge of national security and foreign relations and the Chief
of Staff of the Armed Forces of the Philippines, shall not be
denied access to the President during such illness.
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 tenure be
appointed as members of the Constitutional Commissions, or the
Office of the Ombudsman, or as Secretaries, Undersecretaries,
chairmen or heads of bureaus or offices, including governmentowned 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
days from his assumption or reassumption of office.
SEC. 15.
Two months immediately before the next presidential elections
and up to the end of his 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 heads of the
executive department, ambassadors, other public ministers and
consuls, or officers of the armed forces from the rank of colonel
or naval captain, and other officers whose appointments are
vested in him in this Constitution. He shall also appoint all other
officers of the Government whose appointments are not
otherwise provided for by law, and those whom he may be
authorized by law to appoint. The Congress may, by law, vest the
appointment of other officers lower in rank in the President
alone, in the courts, or in the heads of departments, agencies,
commissions, or boards.
The President shall have the power to make appointments during
the recess of the Congress, whether voluntary or involuntary, 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 control of all the executive departments,
bureaus and offices. He shall ensure that the laws be faithfully
executed.
SEC. 18.
The President shall be the Commander-in-Chief of all armed
forces of the Philippines and whenever it becomes necessary, he
may call out such armed forces to prevent or suppress lawless
violence, invasion or rebellion. In case of invasion or rebellion,
when the public safety requires it, he may, for a period not
exceeding sixty days, suspend the privilege of the writ of habeas
corpus or place the Philippines or any part thereof under martial
law. Within forty-eight 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 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 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
the legislative assemblies, nor authorize the conferment of
jurisdiction on military courts and agencies over civilians where
civil courts are able to function, nor automatically suspend the
privilege of the writ.
The suspension of the privilege of the writ shall apply only to
persons judicially charged for rebellion or offenses inherent in or
directly connected with the invasion.
During the suspension of the privilege of the writ, any person
thus arrested or detained shall be judicially charged within three
days, otherwise he shall be released.
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 shall also have the power to grant amnesty with the
concurrence of a majority of all the Members of the Congress.
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 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 governmentowned 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.
SEC. 22.
The President shall submit to the Congress within thirty days
from the opening of the 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 may also appear before it at any other time