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Comparison of the Philippine Constitutions

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