The 1987 Constitution PDF
The 1987 Constitution PDF
The 1987 Constitution PDF
PREAMBLE
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to
build a just and humane society and establish a Government that shall embody our
ideals and aspirations, promote the common good, conserve and develop our
patrimony, and secure to ourselves and our posterity the blessings of independence
and democracy under the rule of law and a regime of truth, justice, freedom, love,
equality, and peace, do ordain and promulgate this Constitution.
ARTICLE I
National Territory
The national territory comprises the Philippine archipelago, with all the islands
and waters embraced therein, and all other territories over which the Philippines has
sovereignty or jurisdiction, consisting of its terrestrial, uvial, and aerial domains,
including its territorial sea, the seabed, the subsoil, the insular shelves, and other
submarine areas. The waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of the internal
waters of the Philippines.
ARTICLE II
Declaration of Principles and State Policies
Principles
SECTION 1. The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government authority emanates from them.
SECTION 2. The Philippines renounces war as an instrument of national
policy, adopts the generally accepted 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.
SECTION 3. Civilian authority is, at all times, supreme over the military. The
Armed Forces of the Philippines is the protector of the people and the State. Its goal is
to secure the sovereignty of the State and the integrity of the national territory.
SECTION 4. The prime duty of the Government is to serve and protect the
people. The Government may call upon the people to defend the State and, in the
ful llment thereof, all citizens may be required, under conditions provided by law, to
render personal military or civil service.
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.
SECTION 6. The separation of Church and State shall be inviolable.
State Policies
SECTION 7. The State shall pursue an independent foreign policy. In its
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relations with other states the paramount consideration shall be national sovereignty,
territorial integrity, national interest, and the right to self-determination.
SECTION 8. The Philippines, consistent with the national interest, adopts and
pursues a policy of freedom from nuclear weapons in its territory.
SECTION 9. The State shall promote a just and dynamic social order that will
ensure the prosperity and independence of the nation and free the people from poverty
through policies that provide adequate social services, promote full employment, a
rising standard of living, and an improved quality of life for all.
SECTION 10. The State shall promote social justice in all phases of national
development.
SECTION 11. The State values the dignity of every human person and
guarantees full respect for human rights. Cdpr
SECTION 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 e ciency and
the development of moral character shall receive the support of the Government.
SECTION 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.
SECTION 14. The State recognizes the role of women in nation-building, and
shall ensure the fundamental equality before the law of women and men.
SECTION 15. The State shall protect and promote the right to health of the
people and instill health consciousness among them.
SECTION 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.
SECTION 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.
SECTION 18. The State a rms labor as a primary social economic force. It
shall protect the rights of workers and promote their welfare.
SECTION 19. The State shall develop a self-reliant and independent national
economy effectively controlled by Filipinos.
SECTION 20. The State recognizes the indispensable role of the private
sector, encourages private enterprise, and provides incentives to needed investments.
SECTION 21. The State shall promote comprehensive rural development and
agrarian reform.
SECTION 22. The State recognizes and promotes the rights of indigenous
cultural communities within the framework of national unity and development.
SECTION 23. The State shall encourage non-governmental, community-
based, or sectoral organizations that promote the welfare of the nation.
SECTION 24. The State recognizes the vital role of communication and
information in nation-building.
SECTION 25. The State shall ensure the autonomy of local governments.
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SECTION 26. The State shall guarantee equal access to opportunities for
public service, and prohibit political dynasties as may be defined by law.
SECTION 27. The State shall maintain honesty and integrity in the public
service and take positive and effective measures against graft and corruption.
SECTION 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 III
Bill of Rights
SECTION 1. No person shall be deprived of life, liberty, or property without
due process of law, nor shall any person be denied the equal protection of the laws.
SECTION 2. The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches and seizures of whatever nature
and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall
issue except upon probable cause to be determined personally by the judge after
examination under oath or a rmation of the complainant and the witnesses he may
produce, and particularly describing the place to be searched and the persons or things
to be seized.
SECTION 3. (1) The privacy of communication and correspondence shall be
inviolable except upon lawful order of the court, or when public safety or order requires
otherwise as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall
be inadmissible for any purpose in any proceeding.
SECTION 4. No law shall be passed abridging the freedom of speech, of
expression, or of the press, or the right of the people peaceably to assemble and
petition the government for redress of grievances.
SECTION 5. No law shall be made respecting an establishment of religion, or
prohibiting the free exercise thereof. The free exercise and enjoyment of religious
profession and worship, without discrimination or preference, shall forever be allowed.
No religious test shall be required for the exercise of civil or political rights.
SECTION 6. The liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of the court. Neither
shall the right to travel be impaired except in the interest of national security, public
safety, or public health, as may be provided by law.
SECTION 7. The right of the people to information on matters of public
concern shall be recognized. Access to o cial records, and to documents, and papers
pertaining to o cial acts, transactions, or decisions, as well as to government research
data used as basis for policy development, shall be afforded the citizen, subject to such
limitations as may be provided by law.
SECTION 8. The right of the people, including those employed in the public
and private sectors, to form unions, associations, or societies for purposes not
contrary to law shall not be abridged.
SECTION 9. Private property shall not be taken for public use without just
compensation.
SECTION 10. No law impairing the obligation of contracts shall be passed.
SECTION 11. Free access to the courts and quasi-judicial bodies and
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adequate legal assistance shall not be denied to any person by reason of poverty.
SECTION 12. (1) Any person under investigation for the commission of an
offense shall have the right to be informed of his right to remain silent and to have
competent and independent counsel preferably of his own choice. If the person cannot
afford the services of counsel, he must be provided with one. These rights cannot be
waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which
vitiate the free will shall be used against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17
hereof shall be inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this
section as well as compensation to and rehabilitation of victims of torture or similar
practices, and their families.
SECTION 13. All persons, except those charged with offenses punishable by
reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable
by su cient sureties, or be released on recognizance as may be provided by law. The
right to bail shall not be impaired even when the privilege of the writ of habeas corpus
is suspended. Excessive bail shall not be required.
SECTION 14. (1) No person shall be held to answer for a criminal offense
without due process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until
the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to
be informed of the nature and cause of the accusation against him, to have a speedy,
impartial, and public trial, to meet the witnesses face to face, and to have compulsory
process to secure the attendance of witnesses and the production of evidence in his
behalf. However, after arraignment, trial may proceed notwithstanding the absence of
the accused provided that he has been duly noti ed and his failure to appear is
unjustifiable.
SECTION 15. The privilege of the writ of habeas corpus shall not be
suspended except in cases of invasion or rebellion when the public safety requires it.
SECTION 16. All persons shall have the right to a speedy disposition of their
cases before all judicial, quasi-judicial, or administrative bodies.
SECTION 17. No person shall be compelled to be a witness against himself.
SECTION 18. (1) No person shall be detained solely by reason of his political
beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment
for a crime whereof the party shall have been duly convicted.
SECTION 19. (1) Excessive nes shall not be imposed, nor cruel, degrading
or inhuman punishment in icted. Neither shall death penalty be imposed, unless, for
compelling reasons involving heinous crimes, the Congress hereafter provides for it.
Any death penalty already imposed shall be reduced to reclusion perpetua.
(2) The employment of physical, psychological, or degrading punishment
against any prisoner or detainee or the use of substandard or inadequate penal
facilities under subhuman conditions shall be dealt with by law.
SECTION 20. No person shall be imprisoned for debt or non-payment of a
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poll tax.
SECTION 21. No person shall be twice put in jeopardy of punishment for the
same offense. If an act is punished by a law and an ordinance, conviction or acquittal
under either shall constitute a bar to another prosecution for the same act.
SECTION 22. No ex post facto law or bill of attainder shall be enacted.
ARTICLE IV
Citizenship
SECTION 1. The following are citizens of the Philippines:
(1) Those who are citizens of the Philippines at the time of the adoption
of this Constitution;
(2) Those whose fathers or mothers are citizens of the Philippines;
(3) Those born before January 17, 1973, of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority; and
(4) Those who are naturalized in accordance with law.
SECTION 6. The President shall have an o cial residence. The salaries of the
President and Vice-President shall be determined by law and shall not be decreased
during their tenure. No increase in said compensation shall take effect until after the
expiration of the term of the incumbent during which such increase was approved. They
shall not receive during their tenure any other emolument from the Government or any
other source.
SECTION 7. The President-elect and the Vice-President-elect shall assume
office at the beginning of their terms.
If the President-elect fails to qualify, the Vice-President-elect shall act as
President until the President-elect shall have qualified.
If a President shall not have been chosen, the Vice-President-elect shall act as
President until a President shall have been chosen and qualified.
If at the beginning of the term of the President, the President-elect shall have
died or shall have become permanently disabled, the Vice-President-elect shall become
President.
Where no President and Vice-President shall have been chosen or shall have
quali ed, or where both shall have died or become permanently disabled, the President
of the Senate or, in case of his inability, the Speaker of the House of Representatives
shall act as President until a President or a Vice-President shall have been chosen and
qualified.
The Congress shall, by law, provide for the manner in which one who is to act as
President shall be selected until a President or a Vice-President shall have quali ed, in
case of death, permanent disability, or inability of the o cials mentioned in the next
preceding paragraph.
SECTION 8. In case of death, permanent disability, removal from o ce, or
resignation of the President, the Vice-President shall become the President to serve the
unexpired term. In case of death, permanent disability, removal from o ce, or
resignation of both the President and Vice-President, the President of the Senate or, in
case of his inability, the Speaker of the House of Representatives, shall then act as
President until the President or Vice-President shall have been elected and qualified.
The Congress shall, by law, provide who shall serve as President in case of death,
permanent disability, or resignation of the Acting President. He shall serve until the
President or the Vice-President shall have been elected and quali ed, and be subject to
the same restrictions of powers and disqualifications as the Acting President.
SECTION 9. Whenever there is a vacancy in the O ce of the Vice-President
during the term for which he was elected, the President shall nominate a Vice-President
from among the Members of the Senate and the House of Representatives who shall
assume o ce upon con rmation by a majority vote of all the Members of both Houses
of the Congress, voting separately.
SECTION 10. The Congress shall, at ten o'clock in the morning of the third
day after the vacancy in the offices of the President and Vice-President occurs, convene
in accordance with its rules without need of a call and within seven days enact a law
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calling for a special election to elect a President and a Vice-President to be held not
earlier than forty- ve days nor later than sixty days from the time of such call. The bill
calling such special election shall be deemed certi ed under paragraph 2, Section 26,
Article VI of this Constitution and shall become law upon its approval on third reading
by the Congress. Appropriations for the special election shall be charged against any
current appropriations and shall be exempt from the requirements of paragraph 4,
Section 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.
SECTION 11. Whenever the President transmits to the President 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 o ce, 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.
Whenever a majority of all the Members of the Cabinet transmit to the President
of the Senate and to the Speaker of the House of Representatives their written
declaration that the President is unable to discharge the powers and duties of his
o ce, the Vice-President shall immediately assume the powers and duties of the o ce
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 o ce. Meanwhile, should a
majority of all the Members of the Cabinet transmit within ve 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 o ce, the
Congress shall decide the issue. For that purpose, the Congress shall convene, if it is
not in session, within forty-eight hours, in accordance with its rules and without need of
call.
If the Congress, within ten days after receipt of the last written declaration, or, if
not in session, within twelve days after it is required to assemble, determines by a two-
thirds vote of both Houses, voting separately, that the President is unable to discharge
the powers and duties of his o ce, the Vice-President shall act as the President;
otherwise, the President shall continue exercising the powers and duties of his office.
SECTION 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.
SECTION 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 o ce or employment during their tenure. They shall not, during said
tenure, directly or indirectly, practice any other profession, participate in any business,
or be nancially 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 O ce of the Ombudsman, or as Secretaries,
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Undersecretaries, chairmen or heads of bureaus or o ces, including government-
owned or controlled corporations and their subsidiaries.
SECTION 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.
SECTION 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.
SECTION 16. The President shall nominate and, with the consent of the
Commission on Appointments, appoint the heads of the executive departments,
ambassadors, other public ministers and consuls, or o cers of the armed forces from
the rank of colonel or naval captain, and other o cers whose appointments are vested
in him in this Constitution. He shall also appoint all other o cers 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
o cers lower in rank in the President alone, in the courts, or in the heads of
departments, agencies, commissions, or boards.
The President shall have the power to make appointments during the recess of
the Congress, whether voluntary or compulsory, but such appointments shall be
effective only until after disapproval by the Commission on Appointments or until the
next adjournment of the Congress.
SECTION 17. The President shall have control of all the executive
departments, bureaus, and offices. He shall ensure that the laws be faithfully executed.
SECTION 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 led by any citizen,
the su ciency 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 legislative assemblies, nor authorize the
conferment of jurisdiction on military courts and agencies over civilians where civil
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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.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 22. The President shall submit to the Congress within thirty days
from the opening of every regular session, as the basis of the general appropriations
bill, a budget of expenditures and sources of nancing, including receipts from existing
and proposed revenue measures.
SECTION 23. The President shall address the Congress at the opening of its
regular session. He may also appear before it at any other time.
ARTICLE VIII
Judicial Department
SECTION 1. The judicial power shall be vested in one Supreme Court and in
such lower courts as may be established by law.
Judicial power includes the duty of the courts of justice to settle actual
controversies involving rights which are legally demandable and enforceable, and to
determine whether or not there has been a grave abuse of discretion amounting to lack
or excess of jurisdiction on the part of any branch or instrumentality of the Government.
SECTION 2. The Congress shall have the power to de ne, prescribe, and
apportion the jurisdiction of various courts but may not deprive the Supreme Court of
its jurisdiction over cases enumerated in Section 5 hereof.
No law shall be passed reorganizing the Judiciary when it undermines the
security of tenure of its Members.
SECTION 3. The Judiciary shall enjoy scal autonomy. Appropriations for the
Judiciary may not be reduced by the legislature below the amount appropriated for the
previous year and, after approval, shall be automatically and regularly released.
SECTION 4. (1) The Supreme Court shall be composed of a Chief Justice and
fourteen Associate Justices. It may sit en banc or in its discretion, in divisions of three,
ve, or seven Members. Any vacancy shall be lled within ninety days from the
occurrence thereof.
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(2) All cases involving the constitutionality of a treaty, international or
executive agreement, or law, which shall be heard by the Supreme Court en banc, and all
other cases which under the Rules of Court are required to be heard en banc, including
those involving the constitutionality, application, or operation of presidential decrees,
proclamations, orders, instructions, ordinances, and other regulations, shall be decided
with the concurrence of a majority of the Members who actually took part in the
deliberations on the issues in the case and voted thereon.
(3) Cases or matters heard by a division shall be decided or resolved with the
concurrence of a majority of the Members who actually took part in the deliberations
on the issues in the case and voted thereon, and in no case, without the concurrence of
at least three of such Members. When the required number is not obtained, the case
shall be decided en banc: Provided, that no doctrine or principle of law laid down by the
court in a decision rendered en banc or in division may be modi ed or reversed except
by the court sitting en banc.
SECTION 5. The Supreme Court shall have the following powers:
(1) Exercise original jurisdiction over cases affecting ambassadors,
other public ministers and consuls, and over petitions for certiorari,
prohibition, mandamus, quo warranto, and habeas corpus.
(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as
the law or the Rules of Court may provide, final judgments and orders
of lower courts in:
(a) All cases in which the constitutionality or validity of any treaty,
international or executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance, or regulation is in
question.
(b) All cases involving the legality of any tax, impost, assessment,
or toll, or any penalty imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower court is in issue.
(d) All criminal cases in which the penalty imposed is reclusion
perpetua or higher.
(e) All cases in which only an error or question of law is involved.
(3) Assign temporarily judges of lower courts to other stations as public
interest may require. Such temporary assignment shall not exceed six
months without the consent of the judge concerned.
(4) Order a change of venue or place of trial to avoid a miscarriage of
justice.
(5) Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts,
the admission to the practice of law, the Integrated Bar, and legal
assistance to the underprivileged. Such rules shall provide a
simplified and inexpensive procedure for the speedy disposition of
cases, shall be uniform for all courts of the same grade, and shall not
diminish, increase, or modify substantive rights. Rules of procedure of
special courts and quasi-judicial bodies shall remain effective unless
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disapproved by the Supreme Court.
(6) Appoint all officials and employees of the Judiciary in accordance
with the Civil Service Law.
SECTION 6. The Supreme Court shall have administrative supervision over all
courts and the personnel thereof.
SECTION 7. (1) No person shall be appointed Member of the Supreme Court
or any lower collegiate court unless he is a natural-born citizen of the Philippines. A
Member of the Supreme Court must be at least forty years of age, and must have been
for fteen years or more a judge of a lower court or engaged in the practice of law in
the Philippines.
(2) The Congress shall prescribe the quali cations of judges of lower courts,
but no person may be appointed judge thereof unless he is a citizen of the Philippines
and a member of the Philippine Bar.
(3) A Member of the Judiciary must be a person of proven competence,
integrity, probity, and independence.
SECTION 8. (1) A Judicial and Bar Council is hereby created under the
supervision of the Supreme Court composed of the Chief Justice as ex o cio
Chairman, the Secretary of Justice, and a representative of the Congress as ex o cio
Members, a representative of the Integrated Bar, a professor of law, a retired Member
of the Supreme Court, and a representative of the private sector.
(2) The regular Members of the Council shall be appointed by the President
for a term of four years with the consent of the Commission on Appointments. Of the
Members rst appointed, the representative of the Integrated Bar shall serve for four
years, the professor of law for three years, the retired Justice for two years, and the
representative of the private sector for one year.
(3) The Clerk of the Supreme Court shall be the Secretary ex o cio of the
Council and shall keep a record of its proceedings.
(4) The regular Members of the Council shall receive such emoluments as
may be determined by the Supreme Court. The Supreme Court shall provide in its
annual budget the appropriations for the Council.
(5) The Council shall have the principal function of recommending
appointees to the Judiciary. It may exercise such other functions and duties as the
Supreme Court may assign to it.
SECTION 9. The Members of the Supreme Court and judges of lower courts
shall be appointed by the President from a list of at least three nominees prepared by
the Judicial and Bar Council for every vacancy. Such appointments need no
confirmation.
For the lower courts, the President shall issue the appointments within ninety
days from the submission of the list.
SECTION 10. The salary of the Chief Justice and of the Associate Justices of
the Supreme Court, and of judges of lower courts shall be xed by law. During their
continuance in office, their salary shall not be decreased.
SECTION 11. The Members of the Supreme Court and judges of lower courts
shall hold o ce during good behavior until they reached the age of seventy years or
become incapacitated to discharge the duties of their o ce. The Supreme Court en
banc shall have the power to discipline judges of lower courts, or order their dismissal
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by a vote of a majority of the Members who actually took part in the deliberations on
the issues in the case and voted thereon.
SECTION 12. The Members of the Supreme Court and of other courts
established by law shall not be designated to any agency performing quasi-judicial or
administrative functions.
SECTION 13. The conclusions of the Supreme Court in any case submitted to
it for decision en banc or in division shall be reached in consultation before the case is
assigned to a Member for the writing of the opinion of the Court. A certi cation to this
effect signed by the Chief Justice shall be issued and a copy thereof attached to the
record of the case and served upon the parties. Any Member who took no part, or
dissented, or abstained from a decision or resolution must state the reason therefor.
The same requirements shall be observed by all lower collegiate courts.
SECTION 14. No decision shall be rendered by any court without expressing
therein clearly and distinctly the facts and the law on which it is based.
No petition for review or motion for reconsideration of a decision of the court
shall be refused due course or denied without stating the legal basis therefor.
SECTION 15. (1) All cases or matters led after the effectivity of this
Constitution must be decided or resolved within twenty-four months from date of
submission for the Supreme Court, and, unless reduced by the Supreme Court, twelve
months for all lower collegiate courts, and three months for all other lower courts.
(2) A case or matter shall be deemed submitted for decision or resolution
upon the ling of the last pending, brief, or memorandum required by the Rules of Court
or by the court itself.
(3) Upon the expiration of the corresponding period, a certi cation to this
effect signed by the Chief Justice or the presiding judge shall forthwith be issued and a
copy thereof attached to the record of the case or matter, and served upon the parties.
The certi cation shall state why a decision or resolution has not been rendered or
issued within said period.
(4) Despite the expiration of the applicable mandatory period, the court,
without prejudice to such responsibility as may have been incurred in consequence
thereof, shall decide or resolve the case or matter submitted thereto for determination,
without further delay.
SECTION 16. The Supreme Court shall, within thirty days from the opening of
each regular session of the Congress, submit to the President and the Congress an
annual report on the operations and activities of the Judiciary.
ARTICLE IX
Constitutional Commissions
A. Common Provisions
SECTION 1. The Constitutional Commissions, which shall be independent, are
the Civil Service Commission, the Commission on Elections, and the Commission on
Audit.
SECTION 2. No Member of a Constitutional Commission shall, during his
tenure, hold any other o ce or employment. Neither shall he engage in the practice of
any profession or in the active management or control of any business which in any way
be affected by the functions of his o ce, nor shall he be nancially interested, directly
or indirectly, in any contract with, or in any franchise or privilege granted by the
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Government, any of its subdivisions, agencies, or instrumentalities, including
government-owned or controlled corporations or their subsidiaries.
SECTION 3. The salary of the Chairman and the Commissioners shall be xed
by law and shall not be decreased during their tenure.
SECTION 4. The Constitutional Commissions shall appoint their o cials and
employees in accordance with law.
SECTION 5. The Commission shall enjoy scal autonomy. Their approved
annual appropriations shall be automatically and regularly released.
SECTION 6. Each Commission en banc may promulgate its own rules
concerning pleadings and practice before it or before any of its o ces. Such rules
however shall not diminish, increase, or modify substantive rights.
SECTION 7. Each Commission shall decide by a majority vote of all its
Members any case or matter brought before it within sixty days from the date of its
submission for decision or resolution. A case or matter is deemed submitted for
decision or resolution upon the ling of the last pleading, brief, or memorandum
required by the rules of the Commission or by the Commission itself. Unless otherwise
provided by this Constitution or by law, any decision, order, or ruling of each
Commission may be brought to the Supreme Court on certiorari by the aggrieved party
within thirty days from receipt of a copy thereof.
SECTION 8. Each Commission shall perform such other functions as may be
provided by law.
B. The Civil Service Commission
SECTION 1. (1) The Civil Service shall be administered by the Civil Service
Commission composed of a Chairman and two Commissioners who shall be natural-
born citizens of the Philippines and, at the time of their appointment, at least thirty- ve
years of age, with proven capacity for public administration, and must not have been
candidates for any elective position in the elections immediately preceding their
appointment.
(2) The Chairman and the Commissioners shall be appointed by the
President with the consent of the Commission on Appointments for a term of seven
years without reappointment. Of those rst appointed, the Chairman shall hold o ce
for seven years, a Commissioner for ve years, and another Commissioner for three
years, without reappointment. Appointment to any vacancy shall be only for the
unexpired term of the predecessor. In no case shall any Member be appointed or
designated in a temporary or acting capacity.
SECTION 2. (1) The civil service embraces all branches, subdivisions,
instrumentalities, and agencies of the Government, including government-owned or
controlled corporations with original charters.
(2) Appointments in the civil service shall be made only according to merit
and tness to be determined, as far as practicable, and, except to positions which are
policy-determining, primarily con dential, or highly technical, by competitive
examination.
(3) No o cer or employee of the civil service shall be removed or suspended
except for cause provided by law.
(4) No o cer or employee in the civil service shall engage, directly or
indirectly, in any electioneering or partisan political campaign.
SECTION 21. The preservation of peace and order within the regions shall be
the responsibility of the local police agencies which shall be organized, maintained,
supervised, and utilized in accordance with applicable laws. The defense and security of
the regions shall be the responsibility of the National Government.
ARTICLE XI
Accountability of Public Officers
SECTION 1. Public o ce is a public trust. Public o cers and employees
must at all times be accountable to the people, serve them with utmost responsibility,
integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives.
SECTION 2. The President, the Vice-President, the Members of the Supreme
Court, the Members of the Constitutional Commissions, and the Ombudsman may be
removed from o ce, on impeachment for, and conviction of, culpable violation of the
Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of
public trust. All other public o cers and employees may be removed from o ce as
provided by law, but not by impeachment.
SECTION 3. (1) The House of Representatives shall have the exclusive power
to initiate all cases of impeachment.
(2) A veri ed complaint for impeachment may be led by any Member of the
House of Representatives or by any citizen upon a resolution of endorsement by any
Member thereof, which shall be included in the Order of Business within ten session
days, and referred to the proper Committee within three session days thereafter. The
Committee, after hearing, and by a majority vote of all its Members, shall submit its
report to the House within sixty session days from such referral, together with the
corresponding resolution. The resolution shall be calendared for consideration by the
House within ten session days from receipt thereof.
(3) A vote of at least one-third of all the Members of the House shall be
necessary either to a rm a favorable resolution with the Articles of Impeachment of
the Committee, or override its contrary resolution. The vote of each Member shall be
recorded.
(4) In case the veri ed complaint or resolution of impeachment is led by at
least one-third of all the Members of the House, the same shall constitute the Articles
of Impeachment, and trial by the Senate shall forthwith proceed.
(5) No impeachment proceedings shall be initiated against the same o cial
more than once within a period of one year.
(6) The Senate shall have the sole power to try and decide all cases of
impeachment. When sitting for that purpose, the Senators shall be on oath or
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a rmation. When the President of the Philippines is on trial, the Chief Justice of the
Supreme Court shall preside, but shall not vote. No person shall be convicted without
the concurrence of two-thirds of all the Members of the Senate.
(7) Judgment in cases of impeachment shall not extend further than removal
from o ce and disquali cation to hold any o ce under the Republic of the Philippines,
but the party convicted shall nevertheless be liable and subject to prosecution, trial, and
punishment according to law.
(8) The Congress shall promulgate its rules on impeachment to effectively
carry out the purpose of this section.
SECTION 4. The present anti-graft court known as the Sandiganbayan shall
continue to function and exercise its jurisdiction as now or hereafter may be provided
by law.
SECTION 5. There is hereby created the independent O ce of the
Ombudsman, composed of the Ombudsman to be known as Tanodbayan, one overall
Deputy and at least one Deputy each for Luzon, Visayas, and Mindanao. A separate
Deputy for the military establishment may likewise be appointed.
SECTION 6. The o cials and employees of the O ce of the Ombudsman,
other than the Deputies, shall be appointed by the Ombudsman according to the Civil
Service Law.
SECTION 7. The existing Tanodbayan shall hereafter be known as the O ce
of the Special Prosecutor. It shall continue to function and exercise its powers as now
or hereafter may be provided by law, except those conferred on the O ce of the
Ombudsman created under this Constitution.
SECTION 8. The Ombudsman and his Deputies shall be natural-born citizens
of the Philippines, and at the time of their appointment, at least forty years old, of
recognized probity and independence, and members of the Philippine Bar, and must not
have been candidates for any elective o ce in the immediately preceding election. The
Ombudsman must have for ten years or more been a judge or engaged in the practice
of law in the Philippines.
During their tenure, they shall be subject to the same disquali cations and
prohibitions as provided for in Section 2 of Article IX-A of this Constitution.
SECTION 9. The Ombudsman and his Deputies shall be appointed by the
President from a list of at least six nominees prepared by the Judicial and Bar Council,
and from a list of three nominees for every vacancy thereafter. Such appointments shall
require no con rmation. All vacancies shall be lled within three months after they
occur.
SECTION 10. The Ombudsman and his Deputies shall have the rank of
Chairman and Members, respectively, of the Constitutional Commissions, and they shall
receive the same salary, which shall not be decreased during their term of office.
SECTION 11. The Ombudsman and his Deputies shall serve for a term of
seven years without reappointment. They shall not be quali ed to run for any o ce in
the election immediately succeeding their cessation from office.
SECTION 12. The Ombudsman and his Deputies, as protectors of the people,
shall act promptly on complaints led in any form or manner against public o cials or
employees of the Government, or any subdivision, agency or instrumentality thereof,
including government-owned or controlled corporations, and shall, in appropriate
cases, notify the complainants of the action taken and the result thereof.
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SECTION 13. The O ce of the Ombudsman shall have the following powers,
functions, and duties:
(1) Investigate on its own, or on complaint by any person, any act or
omission of any public official, employee, office or agency, when such
act or omission appears to be illegal, unjust, improper, or inefficient.
(2) Direct, upon complaint or at its own instance, any public official or
employee of the Government, or any subdivision, agency or
instrumentality thereof, as well as of any government-owned or
controlled corporation with original charter, to perform and expedite
any act or duty required by law, or to stop, prevent, and correct any
abuse or impropriety in the performance of duties.
(3) Direct the officer concerned to take appropriate action against a
public official or employee at fault, and recommend his removal,
suspension, demotion, fine, censure, or prosecution, and ensure
compliance therewith.
(4) Direct the officer concerned, in any appropriate case, and subject to
such limitations as may be provided by law, to furnish it with copies of
documents relating to contracts or transactions entered into by his
office involving the disbursement or use of public funds or properties,
and report any irregularity to the Commission on Audit for appropriate
action.
(5) Request any government agency for assistance and information
necessary in the discharge of its responsibilities, and to examine, if
necessary, pertinent records and documents.
(6) Publicize matters covered by its investigation when circumstances
so warrant and with due prudence.
(7) Determine the causes of inefficiency, red tape, mismanagement,
fraud, and corruption in the Government and make recommendations
for their elimination and the observance of high standards of ethics
and efficiency.
(8) Promulgate its rules of procedure and exercise such other powers or
perform such functions or duties as may be provided by law.
SECTION 14. The O ce of the Ombudsman shall enjoy scal autonomy. Its
approved annual appropriations shall be automatically and regularly released.
SECTION 15. The right of the State to recover properties unlawfully acquired
by public o cials or employees, from them or from their nominees or transferees, shall
not be barred by prescription, laches, or estoppel.
SECTION 16. No loan, guaranty, or other form of nancial accommodation
for any business purpose may be granted, directly or indirectly, by any government-
owned or controlled bank or nancial institution to the President, the Vice-President,
the Members of the Cabinet, the Congress, the Supreme Court, and the Constitutional
Commissions, the Ombudsman, or to any rm or entity in which they have controlling
interest, during their tenure.