1973 Constitution of The Republic of The Philippines

Download as doc, pdf, or txt
Download as doc, pdf, or txt
You are on page 1of 30

1973

CONSTITUTION OF THE
REPUBLIC OF THE PHILIPPINES
 
Preamble

    We, the sovereign Filipino people, imploring the aid of Divine Providence, in
order to establish a government that shall embody our ideals, promote the general
welfare, conserve and develop the patrimony of our Nation, and secure to ourselves
and our posterity the blessings of democracy under a regime of justice, peace,
liberty, and equality, do ordain and promulgate this Constitution.
 

ARTICLE I
The National Territory
 
    Section 1. The national territory comprises the Philippine archipelago, with all
the islands and waters embraced therein, and all the other territories belonging to
the Philippines by historic or legal title, including the territorial sea, the air space,
the subsoil, the sea-bed, the insular shelves, and the submarine areas over which the
Philippines has sovereignty or jurisdiction. The waters around, between, and
connecting the islands of the archipelago, irrespective of their breadth and
dimensions, form part of the internal waters of the Philippines.
 
ARTICLE II
Declaration of Principles and State Policies
  
    Section 1. The Philippines is a republican state. Sovereignty resides in the people
and all government authority emanates from them.

    Section 2. The defense of the State is the prime duty of government, and in the
fulfillment of this duty all citizens may be required by law to render personal
military or civil service.

    Section 3. 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 4. The State shall strengthen the family as a basic social institution. The
natural right and duty of parents in the rearing of the youth for civic efficiency and
the development of moral character shall receive the aid and support of the
government.

    Section 5. The State recognizes the vital role of the youth in nation-building and
shall promote their physical, intellectual and social well-being.
    Section 6. The State shall promote social justice to ensure the dignity, welfare,
and security of all the people. Towards this end, the State shall regulate the
acquisition, ownership, use, enjoyment, and disposition of private property, and
equitably diffuse property ownership and profits.

    Section 7. The State shall establish, maintain, and ensure adequate social services
in the field of education, health, housing, employment, welfare, and social security to
guarantee the enjoyment of the people of a decent standard of living.

    Section 8. Civilian authority is at all times supreme over the military.

    Section 9. The State shall afford protection to labor, promote full employment
and equality in employment, ensure equal work opportunities regardless of sex,
race, or creed, and regulate the relation between workers and employers. The State
shall assure the rights of workers to self-organization, collective bargaining, security
of tenure, and just and humane conditions of work. The State may provide for
compulsory arbitration.

    Section 10. The State shall guarantee and promote the autonomy of local
government units, especially the barrio, to ensure their fullest development as self-
reliant communities.
 

ARTICLE III
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 and mothers are citizens of the Philippines.

(3) Those who elect Philippine citizenship pursuant to the provisions of the
Constitution of nineteen hundred and thirty-five.

(4) Those who are naturalized in accordance with law.

 
    Section 2. A female citizen of the Philippines who marries an alien retains her
Philippine citizenship, unless by her act or omission she is deemed, under the law, to
have renounced her citizenship.

    Section 3. Philippine citizenship may be lost or reacquired in the manner


provided by law.

    Section 4. A natural-born citizen is one who is a citizen of the Philippines from
birth without having to perform any act to acquire or perfect his Philippine
citizenship.
 
ARTICLE IV
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. Private property shall not be taken for public use without just
compensation.

    Section 3. The right of the people to be secure in their persons, houses, papers,
and effects against unreasonable searches and seizures of whatever nature and
whatever purpose shall not be violated, and no search warrant or warrant of arrest
shall issue except upon probable cause to be determined by the judge, or such other
responsible officer as maybe authorized by law, after examination under oath or
affirmation 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 4. (1) The privacy of communication and correspondence shall be


inviolable except upon lawful order of the court, or when public safety and order
require otherwise.

    (2) Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceeding.

    Section 5. The liberty of abode and of travel shall not be impaired except upon
lawful order of the court, or when necessary in the interest of national security,
public safety, or public health.

    Section 6. The right of the people to information on matters of public concern
shall be recognized. Access to official records, and to documents and papers
pertaining to official acts, transactions, or decisions, shall be afforded the citizen
subject to such limitations as may be provided by law.

    Section 7. The right to form associations or societies for purposes not contrary to
the law shall not be abridged.

    Section 8. 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 9. No law shall be passed abridging the freedom of speech, or the press, or
the right of the people peaceably to assemble and petition the government for
redress of grievances.

    Section 10. No law granting a title of royalty or nobility shall be enacted.

    Section 11. No law impairing the obligation of contracts shall be passed.
    Section 12. No ex post facto law or bill of attainder shall be enacted.

    Section 13. No person shall be imprisoned for debt or non-payment of a poll tax.

    Section 14. No involuntary servitude in any form shall exist except as a
punishment for a crime whereof the party shall have been duly convicted.

    Section 15. The privilege of the writ of habeas corpus shall not be suspended
except in cases of invasion, insurrection, or rebellion, or imminent danger thereof,
when the public safety requires it.

    Section 16. All persons, shall have the right to a speedy disposition of their cases
in all judicial, quasi-judicial, or administrative bodies.

    Section 17. No person shall be held to answer for a criminal offense without due
process of law.

    Section 18. All persons, except those charged with capital offenses when evidence
of guilt is strong shall, before conviction, be bailable by sufficient sureties. Excessive
bail shall not be required.

    Section 19. 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 notified
and his failure to appear is unjustified.

    Section 20. No person shall be compelled to be a witness against himself. Any
person under investigation for the commission of an offense shall have the right to
remain silent and to counsel, and to be informed of such right. No force, violence,
threat, intimidation, or any other means which vitiates the free will shall be used
against him. Any confession obtained in violation of this section shall be
inadmissible in evidence.

    Section 21. Excessive fines shall not be imposed nor cruel or unusual punishment
inflicted.

    Section 22. 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 23. Free access to the courts shall not be denied to any person by reason of
poverty.
 

ARTICLE V
Duties and Obligations of Citizens
 
    Section 1. It shall be the duty of the citizen to be loyal to the Republic and to
honor the Philippine flag, to defend the State and contribute to its development and
welfare, to uphold the Constitution and obey the laws, and to cooperate with the
duly constituted authorities in the attainment and preservation of a just and orderly
society.

    Section 2. The rights of the individual impose upon him the correlative duty to
exercise them responsibly and with due regard for the rights of others.

    Section 3. It shall be the duty of every citizen to engage in gainful work to assure
himself and his family a life worthy of human dignity.

    Section 4. It shall be the obligation of every citizen qualified to vote to register
and cast his vote.
 

ARTICLE VI
Suffrage
 
    Section 1. Suffrage shall be exercised by citizens of the Philippines not otherwise
disqualified by law, who are eighteen years of age or over and who shall have
resided in the Philippines for at least one year and in the place wherein they propose
to vote for at least six months preceding the election. No literacy, property or other
substantive requirement shall be imposed on the exercise of, suffrage. The Batasang
Pambansa shall provide a system for the purpose of securing the secrecy and
sanctity of the vote.
 
ARTICLE VII
The President and Vice-President
 
    Section 1. The President shall be the head of state and chief executive of the
Republic of the Philippines.

    Section 2. There shall be a Vice-President who shall have the same qualifications
and term of office as the President and may be removed from office in the same
manner as the President as provided in Article XIII, Section 2 of this Constitution.

    The Vice-President may be appointed as a member of the Cabinet and may be
nominated and elected as Prime Minister.

    The Vice-President shall be elected with and in the same manner as the President.

    The President shall be elected from among the Members of the National
Assembly by a majority vote of all its Members for a term of six years from the date
he takes his oath of office, which shall not be later than three days after the
proclamation of the National Assembly, nor in any case earlier than the expiration
of the term of his predecessor. Upon taking his oath of office, the President shall
cease to be a Member of the National Assembly and of any political party. He shall
be ineligible to hold any other elective office during his term.

    Section 3. No person may be elected President unless he is at least fifty years of
age at the day of his election as President, and a resident of the Philippines for at
least ten years immediately preceding his election. However, if no Member of the
National Assembly is qualified or none of those qualified is a candidate for
President, any Member thereof may be elected President.

    Section 4. (1) The President shall have an official residence and shall receive a
compensation to be fixed by law, which shall not be increased or decreased during
his term of office. He shall not receive during his tenure any other emolument from
the government or any other source. Until the National Assembly shall provide
otherwise, the President shall receive an annual salary of one hundred thousand
pesos.

    (2) The President shall not during his tenure, hold any appointive office, practice
any profession, participate directly or indirectly in the management of any business,
or be financially interested directly or indirectly in any contract with, or in any
franchise or special privilege granted by, the government or any subdivision,
agency, or instrumentality thereof, including government-owned or controlled
corporations.

    Section 5. In case of permanent disability, death, removal from office, or


resignation of the President, the Speaker of the National Assembly shall act as
President until a successor has been elected for the unexpired portion of the term of
the President.

    Section 6. The President shall have the following duties and functions:
 

(1) Address the National Assembly at the opening of its regular session.

(2) Proclaim the election of the Prime Minister.

(3) Dissolve the National Assembly and call for a general election as
provided herein.

(4) Accept the resignation of the Cabinet as provided herein.

(5) Attest to the appointment or cessation from office of Members of the


Cabinet, and of other officers as may be provided by law.

(6) Appoint all officers and employees in his office in accordance with the
Civil Service Law.

(7) Perform such other duties and functions of State as may be provided by
law.
 
    Section 7. The President shall be immune from suit during his tenure.
 
ARTICLE VIII
The National Assembly
 
    Section 1. The Legislative power shall be vested in a National Assembly.

    Section 2. The National Assembly shall be composed of as many Members as may
be provided by law to be appointed among the provinces, representative districts,
and cities in accordance with the number of their respective inhabitants and on the
basis of a uniform and progressive ratio. Each district shall comprise, as far as
practicable, contiguous, compact, and adjacent territory. Representative districts or
provinces already created or existing at the time of the ratification of this
Constitution shall have at least one Member each.

    Section 3. (1) The Members of the National Assembly shall be elected by the
qualified electors in their respective districts for a term of six years which shall
begin, unless otherwise provided by law, at noon on the thirtieth day of June next
following their election.

    (2) In case the National Assembly is dissolved, the newly elected Members shall
serve the unexpired portion of the term from the time the Prime Minister convenes
the Assembly, which shall not be later than thirty days immediately following the
elections.

    Section 4. No person shall be a Member of the National Assembly unless he is a


natural-born citizen of the Philippines and, on the day of the election, is at least
twenty-five years of age, able to read and write, a registered voter in the district in
which he shall be elected, and a resident thereon for a period of not less than one
year immediately preceding the day of the election.

    Section 5. (1) Unless otherwise provided by law, the regular election of Members
of the National Assembly shall be held on the second Monday of May every six years
thereafter.

    (2) In case a vacancy arises in the National Assembly one year or more before a
regular election, the Commission on Elections shall call a special election to be held
within sixty days after the vacancy occurs.

    Section 6. The National Assembly shall convene once every year on the fourth
Monday of July for its regular session, unless a different date is fixed by law, and
shall continue to be in session until thirty days before the opening of its next regular
session, exclusive of Saturdays, Sundays, and legal holidays. It may recess for
periods not exceeding thirty days each, and not more than ninety days during the
year. However, it may be called to session at any time by the Prime Minister to
consider such subjects or legislation as he may designate.
    Section 7. (1) The National Assembly, shall, by a majority vote of all its Members,
elect its Speaker from the Members thereof. It shall choose such other officers as it
may deem necessary.

    The election of the President and the Prime Minister shall precede all other
business following the election of the Speaker.

    (2) A majority of the National Assembly shall constitute a quorum to do business,
but a smaller number may adjourn from day to day and may compel the attendance
of absent Members in such manner, and under such penalties, as the National
Assembly may provide.

    (3) The National Assembly may determine the rules of its proceedings, punish its
Members for disorderly behavior, and with concurrence of two-thirds of all its
Members, suspend or expel a Member, but if the penalty is suspension, this shall not
exceed sixty days.

    (4) The National Assembly shall keep a Journal of its proceedings, and from time
to time publish the same, excepting such parts as may, in its judgment, affect
national security; and the yeas and nays on any question shall, at the request of one-
fifth of the Members present, be entered in the Journal.

    Section 8. (1) Unless otherwise provided by law, each Member of the National
Assembly shall receive an annual salary of sixty thousand pesos. The Speaker of the
National Assembly shall receive an annual salary of seventy-five thousand pesos. No
increase in salary shall take effect until after the expiration of the term of the
Members of the National Assembly approving such increase.

    (2) The records and books of accounts of the National Assembly shall be open to
the public in accordance with law, and such books shall be audited by the
Commission on Audit which shall publish annually the itemized expenditures for
each Member.

    Section 9. A Member of the National Assembly shall, in all offenses punishable by
not more than six years imprisonment, be privileged from arrest during his
attendance at its sessions, and in going to and returning from the same; but the
National Assembly shall surrender the Member involved to the custody of the law
within twenty-four hours after its adjournment for a recess or its next session,
otherwise such privilege shall cease upon its failure to do so. A Member shall not be
questioned or held liable in any other place for any speech or debate in the
Assembly or in any committee thereof.

    Section 10. A Member of the National Assembly shall not hold any other office or
employment in the government, or any subdivision, agency, or instrumentality
thereof, including government-owned or controlled corporations during his tenure
except that of Prime Minister or Member of the Cabinet. Neither shall he be
appointed to any civil office which may have been created or the emoluments
thereof increased while he was a Member of the National Assembly.
    Section 11. No Member of the National Assembly shall appear as counsel before
any court inferior to a court with appellate jurisdiction, before any court in any civil
case wherein the government, or any subdivision, agency, or instrumentality thereof
is the adverse party, or before any administrative body. Neither shall he, directly or
indirectly, be interested financially in any contract with, or in any franchise or
special privilege granted by, the government, or any subdivision, agency, or
instrumentality thereof, including any government-owned or controlled
corporation, during his term of office. He shall not intervene in any matter before
any office of the government for his pecuniary benefit.

    Section 12. (1) There shall be a question hour at least once a month or as often as
the rules of the National Assembly may provide, which shall be included in its
agenda, during which the Prime Minister or any Minister may be required to
appear and answer questions and interpellations by Members of the National
Assembly. Written questions shall be submitted to the Speaker at least three days
before a scheduled question hour. Interpellations shall not be limited to the written
questions, but may cover matters related thereto. The agenda shall specify the
subjects of the question hour. When the security of the State so requires and the
Prime Minister so states in writing, the question hour shall be conducted in
executive session.

    (2) The National Assembly or any of its committees may conduct inquiries in aid
of legislation in accordance with its duly published rules of procedure. The rights of
persons appearing in such inquiries shall be respected.

    Section 13. (1) The National Assembly may withdraw its confidence from the
Prime Minister only by electing a successor by a majority vote of all its Members.
No motion for the election of such successor shall be debated and voted upon until
after the lapse of three days from the submittal of such motion.

    (2) The Prime Minister may advise the President in writing to dissolve the
National Assembly whenever the need arises for a popular vote of confidence on
fundamental issues, but not on a matter involving his own personal integrity.
Whereupon, the President shall dissolve the National Assembly not earlier than five
days nor later than ten days from his receipt of the advice, and call for an election
on a date set by the Prime Minister which shall not be earlier than forty-five days
nor later than sixty days from the date of such dissolution. However, no dissolution
of the National Assembly shall take place within nine months immediately preceding
a regular election or within nine months immediately following any general election.

    (3) In case of dissolution of the National Assembly or the termination of its
regular term, the incumbent Prime Minister and the Cabinet shall continue to
conduct the affairs of government until the new National Assembly is convoked and
a Prime Minister is elected and has qualified.

    Sec. 14. (1) Except as otherwise provided in this Constitution, no treaty shall be
valid and effective unless concurred in by a majority of all the Members of the
National Assembly.
    (2) The National Assembly, by a vote of two-thirds of all its Members, shall have
the sole power to declare the existence of a state of war.

    Section 15. In times of war or other national emergency, the National Assembly
may by law authorize the Prime Minister, for a limited period and subject to such
restrictions as it may prescribe, to exercise powers necessary and proper to carry
out a declared national policy. Unless sooner withdrawn by resolution of the
National Assembly, such powers shall cease upon its next adjournment.

    Section 16. (1) The Prime Minister shall submit to the National Assembly within
thirty days from the opening of each regular session, as the basis of the general
appropriations bill, a budget of receipts based on existing and proposed revenue
measures, and of expenditures. The form, content, and manner of preparation of the
budget shall be prescribed by law.

    (2) No provision or enactment shall be embraced in the general appropriations


bill unless it relates specifically to some particular appropriation therein. Any such
provision or enactment shall be limited in its operation to the appropriation to
which it relates.

    (3) The procedure in approving appropriations for the National Assembly shall
strictly follow the procedure for approving appropriations for other departments
and agencies.

    (4) A special appropriations bill shall specify the purpose for which it is intended,
and shall be supported by funds actually available as certified to by the National
Treasurer, or to be raised by a corresponding revenue proposal included therein.

    (5) No law shall be passed authorizing any transfer of appropriations; however,
the Prime Minister, the Speaker, the Chief Justice of the Supreme Court, and the
heads of Constitutional Commissions may by law be authorized to augment any
item in the general appropriations law for their respective offices from saving in
other items of their respective appropriations.

    (6) If, by the end of the fiscal year, the National Assembly shall have failed to pass
the general appropriations bill for the ensuing fiscal year, the general
appropriations law for the preceding fiscal year shall be deemed re-enacted and
shall remain in force and effect until the general appropriations bill is passed by the
National Assembly.

    Section 17. (1) The rule of taxation shall be uniform and equitable. The National
Assembly shall evolve a progressive system of taxation.

    (2) The National Assembly may by law authorize the Prime Minister 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.

    (3) Charitable institutions, churches, personages or convents appurtenant thereto,


mosques and non-profit cemeteries, and all lands, buildings and improvements
actually, directly, and exclusively used for religious or charitable 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 National Assembly.

    Section 18. (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 ever be appropriated, applied, paid, or
used, directly or indirectly, for the use, benefit, or support of any sect, church,
denomination, sectarian institution, or system of religion or for the use, benefit, or
support of any priest, preacher, minister, or other religious teacher or dignitary as
such, except when such priest, preacher, minister, or dignitary is assigned to the
armed forces, or to any penal institution, or government orphanage or leprosarium.

    Section 19. (1) Every bill shall become a law unless it has passed three readings on
separate days, and printed copies thereof in its final form have been distributed to
the Members three days before its passage, except when the Prime Minister certifies
to the necessity of its immediate enactment to meet a public calamity or emergency.
Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote
thereon shall be taken immediately thereafter, and the yeas and nays entered in the
Journal.

    (2) No bill except those of local application shall be calendared without the prior
recommendation of the Cabinet.

    Section 20. (1) Every bill passed by the national Assembly shall, before it becomes
a law, be presented to the Prime Minister. If he approves the same he shall sign it;
otherwise, he shall veto it and return the same with his objections to the National
Assembly. The bill may be reconsidered by the National Assembly and, if approved
by two-thirds of all its Members, shall become a law. The Prime Minister shall act
on every bill passed by the National Assembly within thirty days after the date of
receipt thereof; otherwise, it shall become a law as if he had signed it.

    (2) The Prime Minister shall have the power to veto any particular item or items
in appropriation, revenue, or tariff bill, but the veto shall not affect the item or
items to which he does not object.
 

ARTICLE IX
The Prime Minister and the Cabinet
 
    Section 1. The Executive power shall be exercised by the Prime Minister with the
assistance of the Cabinet. The Cabinet, headed by the Prime Minister, shall consist
of the heads of ministries as provided by law. The Prime Minister shall be the head
of the government.
    Section 2. The Prime Minister and the cabinet shall be responsible to the National
Assembly for the program of government and shall determine the guidelines of
national policy.

    Section 3. The Prime Minister shall be elected by a majority of all the Members of
the National Assembly from among themselves.

    Section 4. The Prime Minister shall appoint the members of the Cabinet who shall
be the heads of ministries at least a majority of whom shall come from the National
Assembly. Members of the Cabinet may be removed at the discretion of the Prime
Minister.

    Section 5. (1) The Prime Minister shall appoint the Deputy Prime Minister from
among the Members of the National Assembly. The Deputy Prime Minister shall
head a ministry and shall perform such other functions as may be assigned to him
by the Prime Minister.

    (2) The Prime Minister shall also appoint the Deputy Ministers who shall perform
such functions as may be assigned to them by law or by the respective heads of
ministries.

    Section 6. The Prime Ministers and the Members of the Cabinet, on assuming
office, shall take the following oath or affirmation :
 

"I do solemnly swear (or affirm) that I will faithfully and conscientiously
fulfill my duties as (name of position) of the Philippines, preserve and defend
its Constitution, execute its laws, do justice to every man and consecrate myself
to the service of the Nation. So help me God."
(In case of affirmation, the last sentence will be omitted)
 
    Section 7. The salaries and emoluments of the Prime Minister and the Members
of the Cabinet shall be fixed by law which shall not be increased or decreased
during their tenure of office. Until otherwise provided by law, the Prime Minister
shall receive the same salary as that of the President.

    Section 8. The Prime Minister and the Members of the cabinet shall be subject to
the provisions of sections ten and eleven of Article Eight hereof and may not appear
as counsel before any court or administrative body, or participate in the
management of any business, or practice any profession.

    Section 9. The Prime Minister or any Member of the Cabinet may resign for any
cause without vacating his seat in the National Assembly.

    Section 10. The Prime Minister shall, at the beginning of each regular session of
the National Assembly, and from time to time thereafter, present the program of
government and recommend for the consideration of the National Assembly such
measures as he may deem necessary and proper.

    Section 11. The Prime Minister shall have control of all ministries.
    Section 12. The Prime Minister shall be 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, insurrection, or rebellion. In
case of invasion, or rebellion, or imminent danger thereof when the public safety
requires, it he may suspend the privilege of the writ of habeas corpus, or place the
Philippines or any part thereof under martial law.

    Section 13. The Prime Minister shall appoint the heads of bureaus and offices, the
officers of the armed forces of the Philippines from the rank of brigadier general or
commodore, and all other officers of the Government whose appointments are not
herein otherwise provided for, and those whom he may be authorized by law to
appoint. However, the National Assembly may by law vest in members of the
cabinet, courts, heads of agencies, commissions, and boards the power to appoint
inferior officers in their respective offices.

    Section 14. The Prime Minister may, except in cases of impeachment grant
reprieves, commutations, and pardons, remit fines and forfeitures after final
conviction, and with the concurrence of the National Assembly, grant amnesty.

    Section 15. The Prime Minister may contract and guarantee foreign and domestic
loans on behalf of the Republic of the Philippines, subject to such limitations as may
be provided by law.

    Section 16. All powers vested in the President of the Philippines under nineteen
hundred and thirty-five Constitution and the laws of the land which are not herein
provided for or conferred upon any official shall be deemed, and are hereby, vested
in the Prime Minister, unless the National Assembly provides otherwise.
 

ARTICLE X
The Judiciary
 
    Section 1. The Judicial power shall be vested in one Supreme Court and in such
inferior courts as may be established by law. The Batasang Pambansa shall have the
power to define, prescribe and apportion the jurisdiction of the various courts, but
may not deprive the Supreme Court of its jurisdiction over cases enumerated in
Section five thereof.

    Section 2. (1) The Supreme Court shall be composed of a Chief Justice and
fourteen Associate Justices. It may sit en banc or in two divisions.

    (2) All cases involving the constitutionality of a treaty, executive agreement, or
law shall be heard and decided by the Supreme Court en banc, and no treaty,
executive agreement, or law may be declared unconstitutional without the
concurrence of at least ten Members. All other cases, which under its rules are
required to be heard en banc, shall be decided with the concurrence of at least eight
Members.

    (3) Cases heard by a division shall be decided with the concurrence of at least five
Members, but if such 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 a division may be modified or reversed except by
the Court sitting en banc.

    Section 3. (1) No person shall be appointed Member of the Supreme Court unless
he is a natural born citizen of the Philippines, at least forty years of age, and has for
ten years or more been a judge of a court of record or engaged in the practice of law
in the Philippines.

    (2) The Batasang Pambansa shall prescribe the qualifications of judges of inferior
courts, but no person may be appointed judge thereof unless he is a natural-born
citizen of the Philippines and a member of the Philippine Bar.

    Section 4. The Members of the Supreme Court and judges of inferior courts shall
be appointed by the President.

    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 and revise, reverse, modify, or affirm on appeal or certiorari, as


the law or the rules of court may provide, final judgments and decrees of
inferior courts in:
 

(a) All cases in which the constitutionality or validity of any treaty,


executive agreement, law, ordinance, or executive order 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 inferior court is in issue.

(d) All criminal cases in which the penalty imposed is death or life
imprisonment.

(e) All cases in which only an error or question of law is involved.

 
(3) Assign temporarily judges of inferior courts to other stations as public
interest may require. Such temporary assignment shall not last longer than
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 pleading, practice, and procedure in all
courts, the admission to the practice of law, and the integration of the bar,
which, however, may be repealed, altered or supplemented by the Batasang
Pambansa. 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.

(6) Appoint its officials and employees 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. The Members of the Supreme Court and judges of inferior courts shall
hold office during good behavior until they reach the age of seventy years or become
incapacitated to discharge the duties of their office. The Supreme Court shall have
the power to discipline judges of inferior courts and, by a vote of at least eight
Members, order their dismissal.

    Section 8. 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 opinion of the Court. Any Member
dissenting from a decision shall state the reasons for his dissent. The same
requirement shall be observed by all inferior collegiate courts.

    Section 9. Every decision of a court of record shall clearly and distinctly state the
facts and the law on which it is based. The Rules of Court shall govern the
promulgation of minute resolutions.

    Section 10. The salary of the Chief Justice and of the Associate Justices of the
Supreme Court, and of judges of inferior courts shall be fixed by law, which shall
not be decreased during their continuance in office. Until the Batasang Pambansa
shall provide otherwise, the Chief Justice shall receive an annual salary of seventy-
five thousand pesos, and each Associate Justice, sixty thousand pesos.

    Section 11. (1) Upon the effectivity of this Constitution, the maximum period
within which a case or matter shall be decided or resolved from the date of its
submission, shall be eighteen months for the Supreme Court, unless reduced by the
Supreme Court, twelve months for all inferior collegiate courts, and three months
for all other inferior courts.

    (2) With respect to the Supreme Court and other collegiate appellate courts, when
the applicable maximum period shall have lapsed without the rendition of the
corresponding decision or resolution, because the necessary vote cannot be had, the
judgment, order, or resolution appealed from shall be deemed affirmed except in
those cases where a qualified majority is required and in appeals from judgments of
conviction in criminal cases, and in original special civil actions and proceedings for
habeas corpus, the petition in such cases shall be deemed dismissed, and a
certification to this effect signed by the Chief Magistrate of the court shall be issued
and a copy thereof attached to the record of the case.
    Section 12. The Supreme Court shall, within thirty days from the opening of each
regular session of the Batasang Pambansa, submit to the President, the Prime
Minister, and the Batasang Pambansa an annual report on the operations and
activities of the Judiciary.
 

ARTICLE XI
Local Government
 
    Section 1. The territorial and political subdivisions of the Philippines are the
provinces, cities, municipalities, and barrios.

    Section 2. The Batasang Pambansa shall enact a local government code which
may not be thereafter amended except by a majority vote of all its Members,
defining a more responsive and accountable local government structure with an
effective system of recall, allocating among the different local government units
their powers, responsibilities, and resources, and providing for the qualifications,
election and removal, term, salaries, powers, functions, and duties of local officials,
and all other matters relating to the organization and operation of the local units.
However, any change in the existing form of local government shall not take effect
until ratified by a majority of the votes cast in a plebiscite called for the purpose.

    Section 3. No province, city, municipality, or barrio may be created, divided,


merged, abolished, or its boundary substantially altered except in accordance with
the criteria established in the local government code, and subject to the approval by
a majority of the votes cast in a plebiscite in the unit or units affected.

    Section 4. (1) Provinces with respect to component cities and municipalities with
respect to component barrios, shall ensure that the acts of their component units are
within the scope of their assigned powers and functions. Highly urbanized cities, as
determined by standards established in the local government code shall be
independent of the province.

    (2) Local government units may group themselves, or consolidate or coordinate
their efforts, services, and resources for purposes commonly beneficial to them.

    Section 5. Each local government unit shall have the power to create its own
sources of revenue and to levy taxes, subject to limitations as may be provided by
law.
 

ARTICLE XII
The Constitutional Commissions
 
A. Common Provisions
 
    Section 1. The Constitutional Commissions shall be the Civil Service Commission,
the Commission on Elections, and the Commission on Audit.
    Section 2. Unless otherwise provided by law, the Chairman and each
Commissioner of a Constitutional Commission shall receive an annual salary of
sixty thousand pesos, and fifty thousand pesos, respectively, which shall not be
decreased during their continuance in office.

    Section 3. No Member of the Constitutional Commission shall, during his tenure
in office, engage in the practice of any profession or in the management of any
business, or be financially interested directly or indirectly in any contract with, or in
any franchise or privilege granted by, the government, or any subdivision, agency,
or instrumentality, thereof, including government- owned or controlled
corporations.

    Section 4. The Constitutional Commissions shall appoint their officials and
employees in accordance with the Civil Service Law.
 

B. The Civil Service Commission


 
    Section 1. (1) The Civil Service embraces every branch, agency, subdivision, and
instrumentality of the government, including every government- owned or
controlled corporation. It shall be administered by an independent 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, are at least
thirty-five years of age and holders of a college degree, and must not have been
candidates for any elective position in the election immediately preceding their
appointment. The Chairman and the Commissioners shall be appointed by the
Prime Minister for a term of seven years without reappointment. Of the
Commissioners first appointed, one shall hold office for seven years, another for five
years, and the third for three years. Appointment to any vacancy shall be only for
the unexpired portion of the term of the predecessor.

    (2) The Commissioner shall, subject to such limitations as may be provided by
law, established a career service and adopt measures to promote morale, efficiency,
and integrity in the Civil Service.

    Section 2. Appointments in the Civil Service, except as to those which are policy-
determining, primarily confidential, or highly technical in nature, shall be made
only according to merit and fitness, to be determined as far as practicable by
competitive examination.

    Section 3. No officer or employee in the Civil Service shall be suspended or


dismissed except for cause provided by law.

    Section 4. (1) No elective official shall be eligible for appointment to any office or
position during his term of office.

    (2) No candidate who lost an election shall be eligible for appointment or
reappointment to any office in the government, or in any government-owned or
controlled corporation, within one year following such election.
    Section 5. No officer or employee in the Civil Service, including members of the
armed forces, shall engage directly or indirectly in any partisan political activity or
take part in any election, except to vote.

    Section 6. The National Assembly shall provide for the standardization of
compensation of government officials and employees, including those in
government-owned and controlled corporations, taking into account the nature of
the responsibilities pertaining to, and the qualifications required for, the positions
concerned.
 

C. The Commission on Elections


 
    Section 1. (1) There shall be an independent Commission on Elections composed
of a Chairman and eight Commissioners who shall be natural-born citizens of the
Philippines and, at the time of their appointment, at least thirty-five years of age
and holders of college degree. However, a majority thereof, including the Chairman,
shall be Members of the Philippine Bar who have been engaged in the practice of
law for at least ten years.

    (2) The Chairman and the Commissioners shall be appointed by the Prime
Minister for a term of seven years without reappointment. Of the Commissioners
first appointed, three shall hold office for seven years, three for five years, and the
last three for three years. Appointments to any vacancy shall be only for the
unexpired portion of the term of the predecessor.

    Section 2. The Commission on Elections shall have the following powers and
functions:
 

(1) Enforce and administer all laws relative to the conduct of elections.

(2) Be the sole judge of all contests relating to the elections, returns, and
qualifications of all Members of the National Assembly and elective
provincial and city officials. provincial and city officials.

(3) Decide, save those involving the right to vote, administrative questions
affecting elections, including the determination of the number and location
of polling places, the appointment of election officials and inspectors, and
the registration of voters.

(4) Deputize, with the consent or at the instance of the Prime Minister, law
enforcement agencies and instrumentalities of the Government, including
the Armed Forces of the Philippines, for the purpose of ensuring free,
orderly, and honest elections.

(5) Register and accredit political parties subject to the provisions of Section
Eight hereof.
(6) Recommend to the National Assembly effective measures to minimize
election expenses and prohibit all forms of election frauds and malpractices,
political opportunism, guest or nuisance candidacy, or other similar acts.

(7) Submit to the President, Prime Minister, and the National Assembly a
report on the conduct and manner of each election.

(8) Perform such other functions as may be provided by law.

 
    Section 3. The Commission on Elections may sit en banc or in three divisions. All
election cases may be heard and decided by divisions, except contests involving
Members of the National Assembly, which shall be heard and decided en banc.
Unless otherwise provided by law, all election cases shall be decided within ninety
days from the date of their submission for decision.

    Section 4. The Commission may recommend to the Prime Minister the removal
of, or any other disciplinary action against, any officer or employee it has deputized,
for violation or disregard of, or disobedience to its decision, order, or directive.

    Section 5. The enjoyment or utilization of all franchises or permits for the
operation of transportation and other public utilities, media of communication, all
grants, special privileges, or concessions granted by the government, or any
subdivision, agency or instrumentality thereof, including any government-owned or
controlled corporation, may be supervised or regulated by the Commission during
the election period for the purpose of ensuring free, orderly, and honest elections.

    Section 6. Unless otherwise fixed by the Commission in special cases, the election
period shall commence ninety days before the day of election and shall end thirty
days thereafter.

    Section 7. No pardon, parole, or suspension of sentence for violation of the law or
rules and regulations concerning elections be granted without the recommendation
of the Commission.

    Section 8. A political party shall be entitled to accreditation by the Commission if,
in the immediately preceding election, such party has obtained at least the third
highest number of votes cast in the constituency to which it seeks accreditation. No
religious sect shall be registered as a political party and no political party which
seeks to achieve its goals through violence or subversion shall be entitled to
accreditation.

    Section 9. (1) Bona fide candidates for any public office shall be free from any
form of harassment and discrimination.

    (2) No party or candidate shall have membership in the registration board, board
of election inspectors, board of canvassers, or other similar bodies.

    Section 10. No elective public officer may change his political party affiliation
during his term of office and no candidate for any elective public office may change
his political party affiliation within six months immediately preceding or following
an election.

    Section 11. Any decision, order, or ruling of the Commission may be brought to
the Supreme Court on certiorari by the aggrieved party within thirty days from his
receipt of a copy thereof.
 

D. Commission on Audit
 
    Section 1. (1) There shall be an independent Commission on Audit 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 forty years of age and
certified public accountants or members of the Philippine Bar for at least ten years.

    (2) The Chairman and the Commissioners shall be appointed by the Prime
Minister for a term of seven years without reappointment. Of the Commissioners
first appointed, one shall hold office for seven years, another for five years, and the
third for three years. Appointment to any vacancy shall be only for the unexpired
portion of the term of the predecessor.

    Section 2. The Commission on Audit shall have the following powers and
functions:
 

(1) Examine, audit, and settle, in accordance with law and regulations, all
accounts pertaining to the revenues and receipts of, and expenditures or uses
of funds and property, owned or held in trust by, or pertaining to, the
Government, or any of its subdivisions, agencies, or instrumentalities,
including government-owned and controlled corporations; keep the general
accounts of the government and, for such period as may be provided by law,
preserve the vouchers pertaining thereto; and promulgate accounting and
auditing rules and regulations including those for the prevention of
irregular, unnecessary, excessive, or extravagant expenditures or use of
funds and property.

(2) Decide any case brought before it within sixty days from the date of its
submission for resolution. Unless otherwise provided by law, any decision,
order, or ruling of the Commission may be brought to the Supreme Court
on certiorari by the aggrieved party within days from his receipt of a copy
thereof.

(3) Submit to the President, the Prime Minister, and the National Assembly,
within the time fixed by law, an annual financial report of the government,
its subdivisions, agencies, and instrumentalities, including government-
owned and controlled corporations, and recommend measures necessary to
improve their efficiency and effectiveness. It shall submit such other reports
as may be required by law.

(4) Perform such other duties and functions as may be prescribed by law.
 
ARTICLE XIII
Accountability of Public Officers
 
    Section 1. Public office is a public trust. Public officers and employees shall serve
with the highest degree of responsibility, integrity, loyalty, and efficiency, and shall
remain accountable to the people.

    Section 2. The President, the Justices of the Supreme Court, and the Members of
the Constitutional Commissions shall be removed from office on impeachment for,
and conviction of, culpable violation of the Constitution, treason, bribery, other high
crimes, or graft and corruption.

    Section 3. The National Assembly shall have the exclusive power to initiate, try,
decide all cases of impeachment. Upon the filing of a verified complaint, the
National Assembly may initiate impeachment by a vote of at least one-fifth of all its
Members. No official shall be convicted without the concurrence of at least two-
thirds of all the members thereof. When the National Assembly sits in impeachment
cases, its Members shall be on oath or affirmation.

    Section 4. Judgment in cases of impeachment shall be limited to removal from


office and disqualification to hold any office of honor, trust, or profit under the
Republic of the Philippines, but the party convicted shall nevertheless be liable and
subject to prosecution, trial, and punishment, in accordance with law.

    Section 5. The National Assembly shall create a special court, to be known as
Sandiganbayan, which shall have jurisdiction over criminal and civil cases involving
graft and corrupt practices and such other offenses committed by public officers
and employees, including those in government-owned or controlled corporations, in
relation to their office as may be determined by law.

    Section 6. The National Assembly shall create an office of the Ombudsman, to be
known as Tanodbayan, which shall receive and investigate complaints relative to
public office, including those in government-owned or controlled corporations,
make appropriate recommendations, and in case of failure of justice as defined by
law, file and prosecute the corresponding criminal, civil, or administrative case
before the proper court or body.
 

ARTICLE XIV
The National Economy and the Patrimony of the Nation
 
    Section 1. The National Assembly shall establish a National Economic and
Development Authority, to be headed by the Prime Minister, which shall
recommend to the National Assembly, after consultation with the private sector,
local government units, and other appropriate public agencies, continuing,
coordinated, and fully integrated social and economic plans and programs.
    Section 2. The State shall regulate or prohibit private monopolies when the public
interest so requires. No combinations in restraint of trade or unfair competition
shall be allowed.

    Section 3. The National Assembly shall, upon recommendation of the National
Economic and Development Authority, reserve to citizens of the Philippines or to
corporations or associations wholly owned by such citizens, certain traditional areas
of investments when the national interest so dictates.

    Section 4. The National Assembly shall not, except by general law, provide for the
formation, organization, or regulation of private corporations, unless such
corporations are owned or controlled by the government or any subdivision or
instrumentality thereof.

    Section 5. No franchise, certificate, or any other form of authorization for the
operation of a public utility shall be granted except to citizens of the Philippines at
least sixty per centum of the capital of which is owned by such citizens, nor shall
such franchise, certificate, or authorization be exclusive in character or for a longer
period then fifty years. Neither shall any such franchise or right be granted except
under the condition that it shall be subject to amendment, alteration, or repeal by
the National Assembly when the public interest so requires. The State shall
encourage equity participation in public utilities by the general public. The
participation of foreign investors in the governing body of any public utility
enterprise shall be limited to their proportionate share in the capital thereof.

    Section 6. The State may, in the interest of the national welfare or defense,
establish and operate industries and means of transportation and communication,
and, upon payment of just compensation, transfer to public ownership utilities and
other private enterprises to be operated by the government.

    Section 7. In times of national emergency when the public interest so requires, the
State may temporarily take over or direct the operation of any privately owned
public utility or business affected with public interest.

    Section 8. All lands of public domain, waters, minerals, coal, petroleum and other
mineral oils, all forces of potential energy, fisheries, wildlife, and other natural
resources of the Philippines belong to the State. With the exception of agricultural,
industrial or commercial, residential, or resettlement lands of the public domain,
natural resources shall not be alienated, and no license, concession, or lease for the
exploration, or utilization of any of the natural resources shall be granted for a
period exceeding twenty-five years, except as to water rights for irrigation, water
supply, fisheries, or industrial uses other than development of water power, in
which cases, beneficial use may by the measure and the limit of the grant.

    Section 9. The disposition, exploration, development, exploitation, or utilization of


any of the natural resources of the Philippines shall be limited to citizens of the
Philippines, or to corporations or associations at least sixty per centum of the capital
which is owned by such citizens. The National Assembly, in the national interest,
may allow such citizens, corporations or associations to enter into service contracts
for financial, technical, management, or other forms of assistance with any foreign
person or entity for the exploration, or utilization of any of the natural resources.
Existing valid and binding service contracts for financial, technical, management, or
other forms of assistance are hereby recognized as such.

    Section 10. Lands of the public domain are classified into agricultural, industrial,
or commercial, residential, resettlement, mineral, timber or forest, and grazing
lands, and such other classes as may be provided by law.

    Section 11. The National Assembly taking into account conservation, ecological,
and developmental requirements of the natural resources shall determine by law the
size of lands of the public domain which may be developed, held or acquired by, or
leased to, any qualified individual, corporation or association, and the conditions
therefor. No private corporation or association may hold alienable lands of the
public domain except by lease not to exceed one thousand hectares in area; nor may
any citizen hold such lands by lease in excess of five hundred hectares or acquire by
purchase or homestead in excess of twenty-four hectares. No private corporation or
association may hold by lease, concession, license, or permit timber or forest lands
and other timber or forest resources in excess of one hundred thousand hectares;
however, such area may be increased by the National Assembly upon
recommendation of the National Economic and Development Authority.

    Section 12. The State shall formulate and implement an agrarian reform program
aimed at emancipating the tenant from the bondage of the soil and achieving the
goals enunciated in this Constitution.

    Section 13. The National Assembly may authorize, upon payment of just
compensation, the expropriation of public lands to be subdivided into small lots and
conveyed at cost to deserving citizens.

    Section 14. Save in cases of hereditary succession, no private land shall be
transferred or conveyed except to individuals, corporations, or associations
qualified to acquire or hold lands of the public domain.

    Section 15. Any provision of paragraph one, Section 14, Article VIII and of this
Article notwithstanding, the Prime Minister may enter into international treaties or
agreement as the national welfare and interest may require.
 

ARTICLE XV
General Provisions
 
    Section 1. The flag of the Philippines shall be red, white, and blue, with a sun and
three stars, as consecrated and honored by the people and recognized by law.

    Section 2. The Interim National Assembly may by law adopt a new name for the
country, a national anthem, and a national seal, which shall all be truly reflective
and symbolic of ideas, history, and traditions of the people. Thereafter the national
name, anthem, and seal so adopted shall not be subject to change except by
constitutional amendment.
    Section 3. (1) This Constitution shall be officially promulgated in English and in
Pilipino, and translated into each dialect spoken by over fifty thousand people, and
into Spanish and Arabic. In case of conflict, the English text shall prevail.

    (2) The National Assembly shall take steps towards the development and formal
adoption of a common national language to be known as Filipino.

    (3) Until otherwise provided by law, English and Pilipino shall be the official
languages.

    Section 4. All public officers and employees and members of the armed forces
shall take an oath to support and defend the Constitution.

    Section 5. No elective or appointive public officer or employee shall receive


additional or double compensation unless specifically authorized by law, nor accept,
without the consent of the National Assembly, any present, emolument, office or title
of any kind from any foreign state.

    Section 6. No salary or any form of emolument of any public officer or employee,
including constitutional officers, shall be exempt from payment of income tax.

    Section 7. (1) The ownership and management of mass media shall be limited to
citizens of the Philippines or corporations or associations wholly owned and
managed by such citizens.

    (2) The governing body of every entity engaged in commercial


telecommunications shall i all cases be controlled by citizens of the Philippines.

    Section 8. (1) All educational institutions shall be under the supervision of and
subject to regulation by the State. The State shall establish and maintain a complete,
adequate, and integrated system of education relevant to goals of national
development.

    (2) All institutions of higher learning shall enjoy academic freedom.

    (3) The study of the Constitution shall be part of the curricula in all schools.

    (4) All educational institutions shall aim to inculcate love of country, teach the
duties of citizenship, and develop moral character, personal discipline, and
scientific, technological, and vocational efficiency.

    (5) The State shall maintain a system of free public elementary education and, in
areas where finances permit, establish and maintain a system of free public
education at least up to the secondary level.

    (6) The State shall provide citizenship and vocational training to adult citizens
and out-of-school youth, and create and maintain scholarships for poor and
deserving students.
    (7) Educational institutions, other than those established by religious orders,
mission boards, and charitable organizations, shall be owned solely by citizens of the
Philippines, or corporations or associations sixty per centum of the capita;l of which
is owned by such citizens. The control and administration of educational institutions
shall be vested in citizens of the Philippines. No education institution shall be
established exclusively for aliens, and no group of aliens shall comprise more than
one-third of the enrollment of any school. The provisions of this subsection shall not
apply to schools established for foreign diplomatic personnel and their dependents
and, unless otherwise provided by law, for other foreign temporary resident.

    (8) At the option expressed in writing by the parents or guardians, and without
cost to them and the government, religion shall be taught to their children or wards
in public elementary and high schools as may be provided by law.

    Section 9. (1) The State shall promote scientific research and invention. The
advancement of science and technology shall have priority in the national
development.

    (2) Filipino culture shall be preserved and developed for national identity. Arts
and letters shall be under the patronage of the State.

    (3) The exclusive right to inventions, writings, and artistic creations shall be
secured to investors, authors and artists for a limited period. Scholarships, grants-
in-aid, or other forms of incentives shall be provided for specially gifted children.

    Section 10. It shall be the responsibility of the State to achieve and maintain
population levels most conducive to the national welfare.

    Section 11. The State shall consider the customs, traditions, beliefs, and interests
of national cultural communities in the formulation and implementation of State
policies.

    Section 12. The State shall establish and maintain an integrated national police
force whose organization, administration, and operation, shall be provided by law.

    Section 13. (1) The armed forces of the Philippines shall include a citizen army
composed of all able-bodied citizens of the Philippines who shall undergo military
training as may be provided by law. It shall keep a regular force necessary for the
security of the State.

    (2) The citizen army shall have a corps of trained officers and men in active duty
status as may be necessary to train, service, and keep it in reasonable preparedness
at all times.

    Section 14. The National Assembly shall establish a central monetary authority
which shall provide policy direction in the areas of money, banking, and credit to
achieve national economic objectives. It shall have supervisory authority over the
operation of banks and exercise such regulatory authority as may be provided by
law over the operations of finance companies and other institutions performing
similar functions. Until the National Assembly shall otherwise provide, the Central
Bank of the Philippines, operating under existing laws, shall function as the central
monetary authority.

    Section 15. The separation of the church and the State shall be inviolable.

    Section 16. The State may not be sued without its consent.
 

ARTICLE XVI
Amendments
 
    Section 1. (1) Any amendment to, or revision of, this Constitution may be
proposed by the National Assembly upon a vote of three-fourths of all its Members,
or by a constitutional convention.

    (2) The National Assembly may, by a vote of two-thirds of all its Members, call a
constitutional convention, or by a majority vote of all its Members, submit the
question of calling such a convention to the electorate in an election.

    Section 2. Any amendment to or revision of this Constitution shall be valid when
ratified by a majority of the votes cast in the plebiscite which shall be held not later
than three months after the approval of such amendment or revision.
 

ARTICLE XVII
Transitory Provisions
 
    Section 1. There shall be an Interim National Assembly which shall exist
immediately upon the ratification of this Constitution and shall continue until the
Members of the regular National Assembly shall have been elected and shall have
assumed office following an election called for the purpose by the Interim National
Assembly. Except as otherwise provided in this Constitution, the Interim National
Assembly shall have the same powers and its Members shall have the same
functions, responsibilities, rights, privileges, and disqualifications as the regular
National Assembly and the Members thereof.

    Section 2. The Members of the Interim National Assembly shall be the incumbent
President and Vice-President of the Philippines, those who served as President of
the nineteen hundred and seventy-one Constitutional Convention, those Members of
the Senate and the House of Representatives who shall express in writing to the
Commission on Elections within thirty days after the ratification of this Constitution
their option to serve therein, and those Delegates to the nineteen hundred and
seventy-one Constitutional Convention who have opted to serve therein by voting
affirmatively for this Article. They may take their oath of office before any officer
authorized to administer oaths and who qualify thereto, after the ratification of this
Constitution.

    Section 3. (1) The incumbent President of the Philippines shall initially convene
the Interim National Assembly and shall preside over its sessions until the interim
Speaker shall have been elected. He shall continue to exercise his powers and
prerogatives under the nineteen hundred and thirty-five Constitution and the
powers vested in the President and the Prime Minister under this Constitution until
he calls upon the Interim National Assembly to elect the interim President and
interim Prime Minister who shall then exercise their respective powers vested by
this Constitution.

    (2) All proclamations, orders, decrees, instructions, and acts promulgated, issued,
or done by the incumbent President shall be part of the law of the land, and shall
remain valid, legal, binding, and effective even after the lifting of the Martial Law
or the ratification of this Constitution unless modified, revoked, or superseded by
subsequent proclamations, orders, decrees, instructions, or unless expressly or
implicitly modified or repealed by the regular National Assembly.

    Section 4. The interim Prime Minister and his Cabinet shall exercise all the
powers and functions, and discharge the responsibilities of the regular Prime
Minister and his Cabinet, and shall be subject to the same disqualifications provided
in this Constitution.

    Section 5. The Interim National Assembly shall give priority to measures for the
orderly transition from the Presidential to the Parliamentary system, the
reorganization of the government, the eradication of graft and corruption,
programs for the effective maintenance of peace and order, the implementation of
declared agrarian reforms, the standardization of compensation of government
employees, and such other measures as shall bridge the gap between the rich and
the poor.

    Section 6. The Interim National Assembly shall reapportion the Assembly seats in
accordance with Article Eight, Section two, of this Constitution.

    Section 7. All existing laws not inconsistent with this Constitution shall remain
operative until amended, modified, or repealed by the National Assembly.

    Section 8. All courts existing at the time of the ratification of this Constitution
shall continue and exercise their jurisdiction, until otherwise provided by law in
accordance with this Constitution, and all cases pending in said courts shall be held,
tried, and determined under the laws then in force. The provisions of the existing
Rules of Court not inconsistent with this Constitution shall remain operative unless
amended, modified, or repealed by the Supreme Court or the National Assembly.

    Section 9. All officials and employees in the existing government of the Republic
of the Philippines shall continue in office until otherwise provided by law or decreed
by the incumbent President of the Philippines, but all officials whose appointments
are by this Constitution vested in the Prime Minister shall vacate their respective
offices upon the appointment and qualification of their successors.

    Section 10. The incumbent Members of the Judiciary may continue in office until
they reach the age of seventy years, unless sooner replaced in accordance with the
preceding section hereof.
    Section 11. The rights and privileges granted to citizens of the United States or to
corporations or associations owned or controlled by such citizens under the
ordinance appended to the nineteen hundred and thirty-five Constitution shall
automatically terminate on the third day of July, nineteen hundred and seventy-
four. Titles to private lands acquired by such persons before such date shall be valid
as against other private persons only.

    Section 12. All treaties, executive agreements, and contracts entered into by the
government or any subdivision, agency, or instrumentality thereof, including
government-owned or controlled corporations are hereby recognized as legal, valid
and binding. When the national interest so requires, the incumbent President of the
Republic or the interim Prime Minister may review all contracts, concessions,
permits, or other forms of privileges for the exploration, exploitation, development,
or utilization of natural resources entered into, granted, issued, or acquired before
the ratification of this Constitution.

    Section 13. Any public officer or employee separated from the service as a result
of the reorganization effected under this Constitution shall, if entitled under the
laws then in force, receive the retirement and other benefits accruing thereunder.

    Section 14. All records, equipment, buildings, facilities, and other properties of
any office or body abolished or reorganized under this Constitution shall be
transferred to the office or body to which its powers, functions, and responsibilities
substantially pertain.

    Section 15. The Interim National Assembly, upon special call by the interim
Prime Minister may, by a majority vote of all its Members propose amendments to
this Constitution. Such amendment shall take effect when ratified in accordance
with Article Sixteen hereof.

    Section 16. This Constitution shall take effect immediately upon its ratification by
a majority of the votes cast in a plebiscite called for the purpose and, except as
herein provided, shall supersede the Constitution of nineteen hundred and thirty-
five and all amendments thereto.
 

[The 1973 Constitution was ratified on January 17, 1973 in accordance with
Presidential Proclamation No. 1102 issued by President Ferdinand E. Marcos].
 
 
1976 AMENDMENTS
 
    1. There shall be, in lieu of the interim National Assembly, an interim Batasang
Pambansa.  Members of the interim Batasang Pambansa which shall not be more
than 120, unless otherwise provided by law, shall include the incumbent President of
the Philippines, representatives elected from the different regions of the nation,
those who shall not be less than eighteen years of age elected by their respective
sectors, and those chosen by the incumbent President from the Members of the
Cabinet. Regional representatives shall be appointed among the regions in
accordance with the number of their respective inhabitants and on the basis of a
uniform and progressive ratio, while the sectors shall be determined by law. The
number of representatives from each regions or sector and the manner of their
election shall be prescribed and regulated by law.

    2. The interim Batasang Pambansa shall have the same powers and its Members
shall have the same functions, responsibilities, rights, privileges, and
disqualifications as the interim National Assembly and the regular National
Assembly and the Members thereof.

    3. The incumbent President of the Philippines shall, within 30 days from the
election and selection of the Members, convene the interim Batasang Pambansa and
preside over its sessions until the Speaker shall be the Prime Minister and he shall
continue to exercise all his powers even after the interim Batasang Pambansa is
organized and ready to discharge its functions, and likewise he shall continue to
exercise his powers and prerogatives under the 1935 Constitution and the powers
and prerogatives under the 1935 Constitution and the powers vested in the
President and the Prime Minister under this Constitution.

    4. The President (Prime Minister) and his Cabinet shall exercise all the powers
and functions, and discharge the responsibilities of the regular President (Prime
Minister) and his Cabinet, and shall be subject only to such disqualifications as the
President (Prime Minister) may prescribe. The President (Prime Minister), if he so
desires, may appoint a Deputy Prime Minister or as many Deputy Prime Ministers
as he may deem necessary.

    5. The incumbent President shall continue to exercise legislative powers until
martial law shall have been lifted.

    6. Whenever in the judgment of the President (Prime Minister), there exists a
grave emergency or a threat or imminence thereof, or whenever the interim
Batasang Pambansa or the regular National Assembly fails or is unable to act
adequately on any matter for any reason that in his judgment requires immediate
action, he may, in order to meet the exigency, issue the necessary decrees, orders, or
letters of instructions, which shall form part of the law of the land.

    7. The barangays and sanggunians shall continue as presently constituted but
their functions, powers, and composition may be altered by law.

    Referenda conducted through the barangays and under the supervision of the
Commission on Elections may be called at any time the Government deems it
necessary to ascertain the will of the people regarding any important matter,
whether of national or local interest.

    8. All provisions of this Constitution not inconsistent with any of these
amendments shall continue in full force and effect.

    9. These amendments shall take effect after the incumbent President shall have
proclaimed that they have been ratified by a majority of the votes cast in the
referendum-plebiscite.
 

[The afore-quoted amendments were ratified in the referendum-plebiscite held on


October 16-17, 1976, and were proclaimed in full force and effect as of October 27,
1976, under Proclamation No. 1595 issued by President Ferdinand E. Marcos].

You might also like