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