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