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DISTINCTION BETWEEN 1973 PHILIPPINE CONSTITUTION

AND 1987 PHILIPPINE CONSTITUTION

1973 CONSTITUTION 1987 CONSTITUTION

Preamble Preamble

We, the sovereign Filipino people, We, the sovereign Filipino people,
imploring the aid of Divine imploring the aid of Almighty God, in
Providence, in order to establish a order to build a just and humane
government that shall embody our society and establish a Government
ideals, promote the general welfare, that shall embody our ideals and
conserve and develop the patrimony aspirations, promote the common
of our Nation, and secure to good, conserve and develop our
ourselves and our posterity the patrimony, and secure to ourselves
blessings of democracy under a and our posterity the blessings of
regime of justice, peace, liberty, and independence and democracy under
equality, do ordain and promulgate the rule of law and a regime of truth,
this Constitution. justice, freedom, love, equality, and
peace, do ordain and promulgate this
Constitution.

ARTICLE I ARTICLE I
The National Territory The National Territory

Section 1. The national territory The national territory comprises the


comprises the Philippine Philippine archipelago, with all the
archipelago, with all the islands and islands and waters embraced
waters embraced therein, and all the therein, and all other territories over
other territories belonging to the which the Philippines has
Philippines by historic or legal title, sovereignty or jurisdiction, consisting
including the territorial sea, the air of its terrestrial, fluvial, and aerial
space, the subsoil, the sea-bed, the domains, including its territorial sea,
insular shelves, and the submarine the seabed, the subsoil, the insular
areas over which the Philippines has shelves, and other submarine areas.
sovereignty or jurisdiction. The The waters around, between, and
waters around, between, and connecting the islands of the
connecting the islands of the archipelago, regardless of their
archipelago, irrespective of their breadth and dimensions, form part of
breadth and dimensions, form part of the internal waters of the Philippines.
the internal waters of the Philippines.
ARTICLE II ARTICLE II
Declaration of Principles and State Declaration of Principles and State
Policies Policies

Principles

Section 1. SECTION 1.
The Philippines is a republican state. The Philippines is a democratic and
Sovereignty resides in the people republican State. Sovereignty
and all government authority resides in the people and all
emanates from them. government authority emanates from
them.
Section 2.
The defense of the State is the prime SECTION 2.
duty of government, and in the The Philippines renounces war as an
fulfillment of this duty all citizens may
instrument of national policy, adopts
be required by law to render the generally accepted principles of
personal military or civil service. international law as part of the law of
the land and adheres to the policy of
Section 3. peace, equality, justice, freedom,
The Philippines renounces war as an cooperation, and amity with all
instrument of national policy, adopts nations.
the generally accepted principles of
international law as part of the law of SECTION 3.
the land, and adheres to the policy of Civilian authority is, at all times,
peace, equality, justice, freedom, supreme over the military. The
cooperation, and amity with all Armed Forces of the Philippines is
nations. the protector of the people and the
State. Its goal is to secure the
Section 4. sovereignty of the State and the
The State shall strengthen the family integrity of the national territory.
as a basic social institution. The
natural right and duty of parents in SECTION 4.
the rearing of the youth for civic The prime duty of the Government is
efficiency and the development of to serve and protect the people. The
moral character shall receive the aid Government may call upon the
and support of the government. people to defend the State and, in
the fulfillment thereof, all citizens
may be required, under conditions
Section 5. provided by law, to render personal
The State recognizes the vital role of military or civil service.
the youth in nation-building and shall
promote their physical, intellectual SECTION 5.
and social well-being. 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 State shall promote social SECTION 6.
justice to ensure the dignity, welfare, The separation of Church and State
and security of all the people. shall be inviolable.
Towards this end, the State shall
regulate the acquisition, ownership,
use, enjoyment, and disposition of
private property, and equitably
diffuse property ownership and
profits.

State Policies

Section 7. SECTION 7.
The State shall establish, maintain, The State shall pursue an
and ensure adequate social services independent foreign policy. In its
in the field of education, health, relations with other states the
housing, employment, welfare, and paramount consideration shall be
social security to guarantee the national sovereignty, territorial
enjoyment of the people of a decent integrity, national interest, and the
standard of living. right to self-determination.

Section 8. SECTION 8.
Civilian authority is at all times The Philippines, consistent with the
supreme over the military. national interest, adopts and pursues
a policy of freedom from nuclear
weapons in its territory.

Section 9. SECTION 9.
The State shall afford protection to The State shall promote a just and
labor, promote full employment and dynamic social order that will ensure
equality in employment, ensure the prosperity and independence of
equal work opportunities regardless the nation and free the people from
of sex, race, or creed, and regulate poverty through policies that provide
the relation between workers and adequate social services, promote
employers. The State shall assure full employment, a rising standard of
the rights of workers to self- living, and an improved quality of life
organization, collective bargaining, for all.
security of tenure, and just and
humane conditions of work. The
State may provide for compulsory
arbitration.

Section 10. SECTION 10.


The State shall guarantee and The State shall promote social
promote the autonomy of local justice in all phases of national
government units, especially the development.
barrio, to ensure their fullest
development as self-reliant SECTION 11.
communities. The State values the dignity of every
human person and guarantees full
respect for human rights.

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
efficiency 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 affirms 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.

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 VIII ARTICLE VI


The National Assembly Legislative Department

Section 1. SECTION 1.
The Legislative power shall be The legislative power shall be vested
vested in a National Assembly. in the Congress of the Philippines
which shall consist of a Senate and a
Section 2. House of Representatives, except to
The National Assembly shall be the extent reserved to the people by
composed of as many Members as the provision on initiative and
may be provided by law to be referendum.
appointed among the provinces,
representative districts, and cities in SECTION 2.
accordance with the number of their The Senate shall be composed of
respective inhabitants and on the twenty-four Senators who shall be
basis of a uniform and progressive elected at large by the qualified
ratio. Each district shall comprise, as voters of the Philippines, as may be
far as practicable, contiguous, provided by law.
compact, and adjacent territory.
Representative districts or provinces SECTION 3.
already created or existing at the No person shall be a Senator unless
time of the ratification of this he is a natural-born citizen of the
Constitution shall have at least one Philippines, and, on the day of the
Member each. election, is at least thirty-five years of
age, able to read and write, a
Section 3. registered voter, and a resident of
(1) The Members of the National the Philippines for not less than two
Assembly shall be elected by the years immediately preceding the day
qualified electors in their respective of the election.
districts for a term of six years which
shall begin, unless otherwise SECTION 4.
provided by law, at noon on the The term of office of the Senators
thirtieth day of June next following shall be six years and shall
their election. commence, unless otherwise
provided by law, at noon on the
(2) In case the National Assembly is thirtieth day of June next following
dissolved, the newly elected their election. No Senator shall serve
Members shall serve the unexpired for more than two consecutive terms.
portion of the term from the time the Voluntary renunciation of the office
Prime Minister convenes the for any length of time shall not be
Assembly, which shall not be later considered as an interruption in the
than thirty days immediately continuity of his service for the full
following the elections. term for which he was elected.

Section 4. SECTION 5.
No person shall be a Member of the (1) The House of Representatives
National Assembly unless he is a shall be composed of not more than
natural-born citizen of the Philippines two hundred and fifty members,
and, on the day of the election, is at unless otherwise fixed by law, who
least twenty-five years of age, able shall be elected from legislative
to read and write, a registered voter districts apportioned among the
in the district in which he shall be provinces, cities, and the
elected, and a resident thereon for a Metropolitan Manila area in
period of not less than one year accordance with the number of their
immediately preceding the day of the respective inhabitants, and on the
election. basis of a uniform and progressive
ratio, and those who, as provided by
Section 5. law, shall be elected through a party-
(1) Unless otherwise provided by list system of registered national,
law, the regular election of Members regional, and sectoral parties or
of the National Assembly shall be organizations.
held on the second Monday of May
every six years thereafter. (2) The party-list representatives
shall constitute twenty per centum of
(2) In case a vacancy arises in the the total number of representatives
National Assembly one year or more including those under the party list.
before a regular election, the For three consecutive terms after the
Commission on Elections shall call a ratification of this Constitution, one-
special election to be held within half of the seats allocated to party-list
sixty days after the vacancy occurs. representatives shall be filled, as
provided by law, by selection or
Section 6. election from the labor, peasant,
The National Assembly shall urban poor, indigenous cultural
convene once every year on the communities, women, youth, and
fourth Monday of July for its regular such other sectors as may be
session, unless a different date is provided by law, except the religious
fixed by law, and shall continue to be sector.
in session until thirty days before the
opening of its next regular session, (3) Each legislative district shall
exclusive of Saturdays, Sundays, comprise, as far as practicable,
and legal holidays. It may recess for contiguous, compact, and adjacent
periods not exceeding thirty days territory. Each city with a population
each, and not more than ninety days of at least two hundred fifty
during the year. However, it may be thousand, or each province, shall
called to session at any time by the have at least one representative.
Prime Minister to consider such
subjects or legislation as he may (4) Within three years following the
designate. return of every census, the Congress
shall make a reappointment of
Section 7. legislative districts based on the
(1) The National Assembly, shall, by standards provided in this section.
a majority vote of all its Members,
elect its Speaker from the Members SECTION 6.
thereof. It shall choose such other No person shall be a Member of the
officers as it may deem necessary. House of Representatives unless he
The election of the President and the is a natural-born citizen of the
Prime Minister shall precede all other Philippines and, on the day of the
business following the election of the election, is at least twenty-five years
Speaker. of age, able to read and write, and,
except the party-list representatives,
(2) A majority of the National a registered voter in the district in
Assembly shall constitute a quorum which he shall be elected, and a
to do business, but a smaller number resident thereof for a period of not
may adjourn from day to day and less than one year immediately
may compel the attendance of preceding the day of the election.
absent Members in such manner,
and under such penalties, as the SECTION 7.
National Assembly may provide. The Members of the House of
Representatives shall be elected for
(3) The National Assembly may a term of three years which shall
determine the rules of its begin, unless otherwise provided by
proceedings, punish its Members for law, at noon on the thirtieth day of
disorderly behavior, and with June next following their election.
concurrence of two-thirds of all its No member of the House of
Members, suspend or expel a Representatives shall serve for more
Member, but if the penalty is than three consecutive terms.
suspension, this shall not exceed Voluntary renunciation of the office
sixty days. for any length of time shall not be
considered as an interruption in the
(4) The National Assembly shall continuity of his service for the full
keep a Journal of its proceedings, term for which he was elected.
and from time to time publish the
same, excepting such parts as may, SECTION 8.
in its judgment, affect national Unless otherwise provided by law,
security; and the yeas and nays on the regular election of the Senators
any question shall, at the request of and the Members of the House of
one-fifth of the Members present, be Representatives shall be held on the
entered in the Journal. second Monday of May.

Section 8. SECTION 9.
(1) Unless otherwise provided by In case of vacancy in the Senate or
law, each Member of the National in the House of Representatives, a
Assembly shall receive an annual special election may be called to fill
salary of sixty thousand pesos. The such vacancy in the manner
Speaker of the National Assembly prescribed by law, but the Senator or
shall receive an annual salary of Member of the House of
seventy-five thousand pesos. No Representatives thus elected shall
increase in salary shall take effect serve only for the unexpired term.
until after the expiration of the term
of the Members of the National SECTION 10.
Assembly approving such increase. The salaries of Senators and
Members of the House of
(2) The records and books of Representatives shall be determined
accounts of the National Assembly by law. No increase in said
shall be open to the public in compensation shall take effect until
accordance with law, and such after the expiration of the full term of
books shall be audited by the all the Members of the Senate and
Commission on Audit which shall the House of Representatives
publish annually the itemized approving such increase.
expenditures for each Member.
SECTION 11.
Section 9. A Senator or Member of the House
A Member of the National Assembly of Representatives shall, in all
shall, in all offenses punishable by offenses punishable by not more
not more than six years than six years imprisonment, be
imprisonment, be privileged from privileged from arrest while the
arrest during his attendance at its Congress is in session. No member
sessions, and in going to and shall be questioned nor be held liable
returning from the same; but the in any other place for any speech or
National Assembly shall surrender debate in the Congress or in any
the Member involved to the custody committee thereof.
of the law within twenty-four hours
after its adjournment for a recess or SECTION 12.
its next session, otherwise such All Members of the Senate and the
privilege shall cease upon its failure House of Representatives shall,
to do so. A Member shall not be upon assumption of office, make a
questioned or held liable in any other full disclosure of their financial and
place for any speech or debate in the business interests. They shall notify
Assembly or in any committee the House concerned of a potential
thereof. conflict of interest that may arise
from the filing of a proposed
Section 10. legislation of which they are authors.
A Member of the National Assembly
shall not hold any other office or SECTION 13.
employment in the government, or No Senator or a Member of the
any subdivision, agency, or House of Representatives may hold
instrumentality thereof, including any other office or employment in the
government-owned or controlled Government, or any subdivision,
corporations during his tenure except agency, or instrumentality thereof,
that of Prime Minister or Member of including government-owned or
the Cabinet. Neither shall he be controlled corporations or their
appointed to any civil office which subsidiaries, during his term without
may have been created or the forfeiting his seat. Neither shall he be
emoluments thereof increased while appointed to any office which may
he was a Member of the National have been created or the
Assembly. emoluments thereof increased during
the term for which he was elected.
Section 11.
No Member of the National SECTION 14.
Assembly shall appear as counsel No Senator or Member of the House
before any court inferior to a court of Representatives may personally
with appellate jurisdiction, before any appear as counsel before any court
court in any civil case wherein the of justice or before the Electoral
government, or any subdivision, Tribunals, or quasi-judicial and other
agency, or instrumentality thereof is administrative bodies. Neither shall
the adverse party, or before any he, directly or indirectly, be
administrative body. Neither shall he, interested financially in any contract
directly or indirectly, be interested with, or in any franchise or special
financially in any contract with, or in privilege granted by the Government,
any franchise or special privilege or any subdivision, agency, or
granted by, the government, or any instrumentality thereof, including any
subdivision, agency, or government-owned or controlled
instrumentality thereof, including any corporation, or its subsidiary, during
government-owned or controlled his term of office. He shall not
corporation, during his term of office. intervene in any matter before any
He shall not intervene in any matter office of the Government for his
before any office of the government pecuniary benefit or where he may
for his pecuniary benefit. be called upon to act on account of
his office.
Section 12.
(1) There shall be a question hour at SECTION 15.
least once a month or as often as the The Congress shall convene once
rules of the National Assembly may every year on the fourth Monday of
provide, which shall be included in its July for its regular session, unless a
agenda, during which the Prime different date is fixed by law, and
Minister or any Minister may be shall continue to be in session for
required to appear and answer such number of days as it may
questions and interpellations by determine until thirty days before the
Members of the National Assembly. opening of its next regular session,
Written questions shall be submitted exclusive of Saturdays, Sundays,
to the Speaker at least three days and legal holidays. The President
before a scheduled question hour. may call a special session at any
Interpellations shall not be limited to time.
the written questions, but may cover
matters related thereto. The agenda SECTION 16.
shall specify the subjects of the (1) The Senate shall elect its
question hour. When the security of President and the House of
the State so requires and the Prime Representatives its Speaker, by a
Minister so states in writing, the majority vote of all its respective
question hour shall be conducted in Members.
executive session. Each House shall choose such other
officers as it may deem necessary.
(2) The National Assembly or any of (2) A majority of each House shall
its committees may conduct inquiries constitute a quorum to do business,
in aid of legislation in accordance but a smaller number may adjourn
with its duly published rules of from day to day and may compel the
procedure. The rights of persons attendance of absent Members in
appearing in such inquiries shall be such manner, and under such
respected. penalties, as such House may
provide.
Section 13. (3) Each House may determine the
(1) The National Assembly may rules of its proceedings, punish its
withdraw its confidence from the Members for disorderly behavior,
Prime Minister only by electing a and, with the concurrence of two-
successor by a majority vote of all its thirds of all its Members, suspend or
Members. No motion for the election expel a Member. A penalty for
of such successor shall be debated suspension, when imposed, shall not
and voted upon until after the lapse exceed sixty days.
of three days from the submittal of (4) Each House shall keep a Journal
such motion. of its proceedings, and from time to
time publish the same, excepting
(2) The Prime Minister may advise such parts as may, in its judgment,
the President in writing to dissolve affect national security; and the yeas
the National Assembly whenever the and nays on any question shall, at
need arises for a popular vote of the request of one-fifth of the
confidence on fundamental issues, members present, be entered in the
but not on a matter involving his own Journal.
personal integrity. Whereupon, the Each House shall also keep a
President shall dissolve the National Record of its proceedings.
Assembly not earlier than five days (5) Neither House during the
nor later than ten days from his sessions of the Congress shall,
receipt of the advice, and call for an without the consent of the other,
election on a date set by the Prime adjourn for more than three days, nor
Minister which shall not be earlier to any other place than that in which
than forty-five days nor later than the two Houses shall be sitting.
sixty days from the date of such
dissolution. However, no dissolution
of the National Assembly shall take SECTION 17.
place within nine months The Senate and the House of
immediately preceding a regular Representatives shall each have an
election or within nine months Electoral Tribunal which shall be the
immediately following any general sole judge of all contests relating to
election. the election, returns, and
qualifications of their respective
(3) In case of dissolution of the Members. Each Electoral Tribunal
National Assembly or the termination shall be composed of nine Members,
of its regular term, the incumbent three of whom shall be Justices of
Prime Minister and the Cabinet shall the Supreme Court to be designated
continue to conduct the affairs of by the Chief Justice, and the
government until the new National remaining six shall be Members of
Assembly is convoked and a Prime the Senate or the House of
Minister is elected and has qualified. Representatives, as the case may
be, who shall be chosen on the basis
Section 14. of proportional representation from
(1) Except as otherwise provided in the political parties and the parties or
this Constitution, no treaty shall be organizations registered under the
valid and effective unless concurred party-list system represented therein.
in by a majority of all the Members of The senior Justice in the Electoral
the National Assembly. Tribunal shall be it Chairman.

(2) The National Assembly, by a vote SECTION 18.


of two-thirds of all its Members, shall There shall be a Commission on
have the sole power to declare the Appointments consisting of the
existence of a state of war. President of the Senate, as ex officio
Chairman, twelve Senators, and
Section 15. twelve Members of the House of
In times of war or other national Representatives, elected by each
emergency, the National Assembly House on the basis of proportional
may by law authorize the Prime representation from the political
Minister, for a limited period and parties or organizations registered
subject to such restrictions as it may under the party-list system
prescribe, to exercise powers represented therein. The Chairman
necessary and proper to carry out a of the Commission shall not vote,
declared national policy. Unless except in case of a tie. The
sooner withdrawn by resolution of Commission shall act on all
the National Assembly, such powers appointments submitted to it within
shall cease upon its next thirty session days of the Congress
adjournment. from their submission. The
Commission shall rule by a majority
Section 16. vote of all the Members.
(1) The Prime Minister shall submit
to the National Assembly within thirty SECTION 19.
days from the opening of each The Electoral Tribunals and the
regular session, as the basis of the Commission on Appointments shall
general appropriations bill, a budget be constituted within thirty days after
of receipts based on existing and the Senate and the House of
proposed revenue measures, and of Representatives shall have been
expenditures. The form, content, and organized with the election of the
manner of preparation of the budget President and the Speaker. The
shall be prescribed by law. Commission on Appointments shall
(2) No provision or enactment shall meet only while the Congress is in
be embraced in the general session, at the call of its Chairman or
appropriations bill unless it relates a majority of all its Members, to
specifically to some particular discharge such powers and functions
appropriation therein. Any such as are herein conferred upon it.
provision or enactment shall be
limited in its operation to the SECTION 20.
appropriation to which it relates. The records and books of accounts
of the Congress shall be preserved
(3) The procedure in approving and be open to the public in
appropriations for the National accordance with law, and such
Assembly shall strictly follow the books shall be audited by the
procedure for approving Commission on Audit which shall
appropriations for other departments publish annually an itemized list of
and agencies. amounts paid to and expenses
incurred for each Member.
(4) A special appropriations bill shall
specify the purpose for which it is SECTION 21.
intended, and shall be supported by The Senate or the House of
funds actually available as certified Representatives or any of its
to by the National Treasurer, or to be respective committees may conduct
raised by a corresponding revenue inquiries in aid of legislation in
proposal included therein. accordance with its duly published
rules of procedure. The rights of
(5) No law shall be passed persons appearing in or affected by
authorizing any transfer of such inquiries shall be respected.
appropriations; however, the Prime
Minister, the Speaker, the Chief SECTION 22.
Justice of the Supreme Court, and The heads of departments may upon
the heads of Constitutional their own initiative, with the consent
Commissions may by law be of the President, or upon the request
authorized to augment any item in of either House, as the rules of each
the general appropriations law for House shall provide, appear before
their respective offices from saving in and be heard by such House on any
other items of their respective matter pertaining to their
appropriations. departments. Written questions shall
be submitted to the President of the
(6) If, by the end of the fiscal year, Senate or the Speaker of the House
the National Assembly shall have of Representatives at least three
failed to pass the general days before their scheduled
appropriations bill for the ensuing appearance. Interpellations shall not
fiscal year, the general be limited to written questions, but
appropriations law for the preceding may cover matters related thereto.
fiscal year shall be deemed re- When the security of the State or the
enacted and shall remain in force public interest so requires and the
and effect until the general President so states in writing, the
appropriations bill is passed by the appearance shall be conducted in
National Assembly. executive session.

Section 17. SECTION 23.


(1) The rule of taxation shall be (1) The Congress, by a vote of two-
uniform and equitable. The National thirds of both Houses in joint session
Assembly shall evolve a progressive assembled, voting separately, shall
system of taxation. have the sole power to declare the
existence of a state of war.
(2) The National Assembly may by
law authorize the Prime Minister to (2) In times of war or other national
fix within specified limits, and subject emergency, the Congress may, by
to such limitations and restrictions as law, authorize the President, for a
it may impose, tariff rates, import and limited period and subject to such
export quotas, tonnage and restrictions as it may prescribe, to
wharfage dues, and other duties or exercise powers necessary and
imposts. proper to carry out a declared
national policy. Unless sooner
(3) Charitable institutions, churches, withdrawn by resolution of the
personages or convents appurtenant Congress, such powers shall cease
thereto, mosques and non-profit upon the next adjournment thereof.
cemeteries, and all lands, buildings
and improvements actually, directly, SECTION 24.
and exclusively used for religious or All appropriation, revenue or tariff
charitable purposes shall be exempt bills, bills authorizing increase of
from taxation. public debt, bills of local application,
and private bills shall originate
(4) No law granting any tax exclusively in the House of
exemption shall be passed without Representatives, but the Senate may
the concurrence of a majority of all propose or concur with amendments.
the Members of the National
Assembly. SECTION 25.
(1) The Congress may not increase
Section 18. the appropriations recommended by
(1) No money shall be paid out of the the President for the operation of the
Treasury except in pursuance of an Government as specified in the
appropriation made by law. budget. The form, content, and
manner of preparation of the budget
(2) No public money or property shall shall be prescribed by law.
ever be appropriated, applied, paid,
or used, directly or indirectly, for the (2) No provision or enactment shall
use, benefit, or support of any sect, be embraced in the general
church, denomination, sectarian appropriations bill unless it relates
institution, or system of religion or for specifically to some particular
the use, benefit, or support of any appropriation therein. Any such
priest, preacher, minister, or other provision or enactment shall be
religious teacher or dignitary as limited in its operation to the
such, except when such priest, appropriation to which it relates.
preacher, minister, or dignitary is
assigned to the armed forces, or to (3) The procedure in approving
any penal institution, or government appropriations for the Congress shall
orphanage or leprosarium. strictly follow the procedure for
approving appropriations for other
Section 19. departments or agencies.
(1) Every bill shall become a law
unless it has passed three readings (4) A special appropriations bill shall
on separate days, and printed copies specify the purpose for which it is
thereof in its final form have been intended, and shall be supported by
distributed to the Members three funds actually available as certified
days before its passage, except by the National Treasurer, or to be
when the Prime Minister certifies to raised by a corresponding revenue
the necessity of its immediate proposed therein.
enactment to meet a public calamity
or emergency. Upon the last reading (5) No law shall be passed
of a bill, no amendment thereto shall authorizing any transfer of
be allowed, and the vote thereon appropriations; however, the
shall be taken immediately President, the President of the
thereafter, and the yeas and nays Senate, the Speaker of the House of
entered in the Journal. Representatives, the Chief Justice of
the Supreme Court, and the
(2) No bill except those of local Constitutional Commissions may, by
application shall be calendared law, be authorized to augment any
without the prior recommendation of item in the general appropriations
the Cabinet. law for their respective offices from
savings in other items of their
Section 20. respective appropriations.
(1) Every bill passed by the national
Assembly shall, before it becomes a (6) Discretionary funds appropriated
law, be presented to the Prime for particular officials shall be
Minister. If he approves the same he disbursed only for public purposes to
shall sign it; otherwise, he shall veto be supported by appropriate
it and return the same with his vouchers and subject to such
objections to the National Assembly. guidelines as may be prescribed by
The bill may be reconsidered by the law.
National Assembly and, if approved
by two-thirds of all its Members, shall (7) If, by the end of any fiscal year,
become a law. The Prime Minister the Congress shall have failed to
shall act on every bill passed by the pass the general appropriations bill
National Assembly within thirty days for the ensuing fiscal year, the
after the date of receipt thereof; general appropriations law for the
otherwise, it shall become a law as if preceding fiscal year shall be
he had signed it. deemed reenacted and shall remain
(2) The Prime Minister shall have the in force and effect until the general
power to veto any particular item or appropriations bill is passed by the
items in appropriation, revenue, or Congress.
tariff bill, but the veto shall not affect
the item or items to which he does SECTION 26.
not object. (1) Every bill passed by the
Congress shall embrace only one
subject which shall be expressed in
the title thereof.
(2) No bill passed by either House
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
its members three days before its
passage, except when the President
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.

SECTION 27.
(1) Every bill passed by the
Congress shall, before it becomes a
law, be presented to the President. If
he approves the same, he shall sign
it; otherwise, he shall veto it and
return the same with his objections to
the House where it originated, which
shall enter the objections at large in
its Journal and proceed to reconsider
it. If, after such reconsideration, two-
thirds of all the Members of such
House shall agree to pass the bill, it
shall be sent, together with the
objections, to the other House by
which it shall likewise be
reconsidered, and if approved by
two-thirds of all the Members of that
House, it shall become a law. In all
such cases, the votes of each House
shall be determined by yeas or nays,
and the names of the Members
voting for or against shall be entered
in its Journal. The President shall
communicate his veto of any bill to
the House where it originated within
thirty days after the day of receipt
thereof; otherwise, it shall become a
law as if he had signed it.
(2) The President shall have the
power to veto any particular item or
items in an appropriation, revenue,
or tariff bill, but the veto shall not
affect the item or items to which he
does not object.

SECTION 28.
(1) The rule of taxation shall be
uniform and equitable. The Congress
shall evolve a progressive system of
taxation.

(2)The Congress may, by law,


authorize the President to fix within
specified limits, and subject to such
limitations and restrictions as it may
impose, tariff rates, import and
export quotas, tonnage and
wharfage dues, and other duties or
imposts within the framework of the
national development program of the
Government.

(3)Charitable institutions, churches


and parsonages or covenants
appurtenant thereto, mosques, non-
profit cemeteries, and all lands,
buildings, and improvements,
actually, directly, and exclusively
used for religious, charitable, or
educational purposes shall be
exempt from taxation.

(4) No law granting any tax


exemption shall be passed without
the concurrence of a majority of all
the Members of the Congress.

SECTION 29.
(1) No money shall be paid out of the
Treasury except in pursuance of an
appropriation made by law.

(2) No public money or property shall


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

(3) All money collected on any tax


levied for a special purpose shall be
treated as a special fund and paid
out for such purpose only. If the
purpose for which a special fund was
created has been fulfilled or
abandoned, the balance, if any, shall
be transferred to the general funds of
the Government.

SECTION 30.
No law shall be passed increasing
the appellate jurisdiction of the
Supreme Court as provided in this
Constitution without its advice and
concurrence.

SECTION 31.
No law granting a title of royalty or
nobility shall be enacted.

SECTION 32.
The Congress shall, as early as
possible, provide for a system of
initiative and referendum, and the
exceptions therefrom, whereby the
people can directly propose and
enact laws or approve or reject any
act or law or part thereof passed by
the Congress or local legislative
body after the registration of a
petition therefor signed by at least
ten per centum of the total number of
registered voters, of which every
legislative district must be
represented by at least three per
centum of the registered voters
thereof.

ARTICLE VII ARTICLE VII


The President and Vice-President Executive Department

Section 1. SECTION 1.
The President shall be the head of The executive power shall be vested
state and chief executive of the in the President of the Philippines.
Republic of the Philippines.
SECTION 2.
Section 2. No person may be elected President
There shall be a Vice-President who unless he is a natural-born citizen of
shall have the same qualifications the Philippines, a registered voter,
and term of office as the President able to read and write, at least forty
and may be removed from office in years of age on the day of the
the same manner as the President election, and a resident of the
as provided in Article XIII, Section 2 Philippines for at least ten years
of this Constitution. immediately preceding such election.

The Vice-President may be SECTION 3.


appointed as a member of the There shall be a Vice-President who
Cabinet and may be nominated and shall have the same qualifications
elected as Prime Minister. and term of office and be elected
with and in the same manner as the
The Vice-President shall be elected President. He may be removed from
with and in the same manner as the office in the same manner as the
President. President.
The Vice-President may be
The President shall be elected from appointed as a Member of the
among the Members of the National Cabinet. Such appointment requires
Assembly by a majority vote of all its no confirmation.
Members for a term of six years from
the date he takes his oath of office, SECTION 4.
which shall not be later than three The President and the Vice-
days after the proclamation of the President shall be elected by direct
National Assembly, nor in any case vote of the people for a term of six
earlier than the expiration of the term years which shall begin at noon on
of his predecessor. Upon taking his the thirtieth day of June following the
oath of office, the President shall day of the election and shall end at
cease to be a Member of the noon of the same date six years
National Assembly and of any thereafter. The President shall not be
political party. He shall be ineligible eligible for any reelection. No person
to hold any other elective office who has succeeded as President
during his term. and has served as such for more
than four years shall be qualified for
Section 3. election to the same office at any
No person may be elected President time.
unless he is at least fifty years of age
at the day of his election as No Vice-President shall serve for
President, and a resident of the more than two consecutive terms.
Philippines for at least ten years Voluntary renunciation of the office
immediately preceding his election. for any length of time shall not be
However, if no Member of the considered as an interruption in the
National Assembly is qualified or continuity of the service for the full
none of those qualified is a term for which he was elected.
candidate for President, any Member Unless otherwise provided by law,
thereof may be elected President. the regular election for President and
Vice-President shall be held on the
Section 4. second Monday of May.
(1) The President shall have an
official residence and shall receive a The returns of every election for
compensation to be fixed by law, President and Vice-President, duly
which shall not be increased or certified by the board of canvassers
decreased during his term of office. of each province or city, shall be
He shall not receive during his transmitted to the Congress, directed
tenure any other emolument from the to the President of the Senate. Upon
government or any other source. receipt of the certificates of canvass,
Until the National Assembly shall the President of the Senate shall, not
provide otherwise, the President later than thirty days after the day of
shall receive an annual salary of one the election, open all certificates in
hundred thousand pesos. the presence of the Senate and the
House of Representatives in joint
(2) The President shall not during his public session, and the Congress,
tenure, hold any appointive office, upon determination of the
practice any profession, participate authenticity and due execution
directly or indirectly in the thereof in the manner provided by
management of any business, or be law, canvass the votes.
financially interested directly or
indirectly in any contract with, or in The person having the highest
any franchise or special privilege number of votes shall be proclaimed
granted by, the government or any elected, but in case two or more shall
subdivision, agency, or have an equal and highest number of
instrumentality thereof, including votes, one of them shall forthwith be
government-owned or controlled chosen by the vote of a majority of all
corporations. the Members of the Congress, voting
separately.
Section 5. The Congress shall promulgate its
In case of permanent disability, rules for the canvassing of the
death, removal from office, or certificates.
resignation of the President, the
Speaker of the National Assembly The Supreme Court, sitting en banc,
shall act as President until a shall be the sole judge of all contests
successor has been elected for the relating to the election, returns, and
unexpired portion of the term of the qualifications of the President or
President. Vice- President, and may promulgate
its rules for the purpose.
Section 6.
The President shall have the SECTION 5.
following duties and functions: Before they enter on the execution of
(1) Address the National Assembly at their office, the President, the Vice-
the opening of its regular session. President, or the Acting President
shall take the following oath or
(2) Proclaim the election of the Prime affirmation :
Minister.
"I do solemnly swear (or affirm) that I
(3) Dissolve the National Assembly will faithfully and conscientiously
and call for a general election as fulfill my duties as President (or Vice-
provided herein. President or Acting President) of the
Philippines, preserve and defend its
(4) Accept the resignation of the Constitution, execute its laws, do
Cabinet as provided herein. justice to every man, and consecrate
myself to the service of the Nation.
(5) Attest to the appointment or So help me God." (In case of
cessation from office of Members of affirmation, last sentence will be
the Cabinet, and of other officers as omitted.)
may be provided by law.
SECTION 6.
(6) Appoint all officers and The President shall have an official
employees in his office in residence. The salaries of the
accordance with the Civil Service President and Vice-President shall
Law. be determined by law and shall not
be decreased during their tenure. No
(7) Perform such other duties and increase in said compensation shall
functions of State as may be take effect until after the expiration of
provided by law. the term of the incumbent during
which such increase was approved.
Section 7. They shall not receive during their
The President shall be immune from tenure any other emolument from the
suit during his tenure. 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 have become
permanently disabled, the Vice-
President-elect shall become
President.

Where no President and Vice-


President shall have been chosen or
shall have qualified, 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 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 qualified, in case of death,
permanent disability, or inability of
the officials mentioned in the next
preceding paragraph.

SECTION 8.
In case of death, permanent
disability, removal from office, 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 office, 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 qualified, and be subject
to the same restrictions of powers
and disqualifications as the Acting
President.

SECTION 9.
Whenever there is a vacancy in the
Office 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
office upon confirmation of 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 calling for a
special election to elect a President
and a Vice-President to b held not
earlier than forty-five days nor later
than sixty days from the time of such
call. The bill calling such special
election shall be deemed certified
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


elections 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 office and until he transmits to
them a written declaration to the
contrary, such powers and duties
shall be discharged by the Vice-
President as Acting President.

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 office, the Vice-
President shall immediately assume
the powers and duties of the office
as Acting President.
Thereafter, when the President
transmits to the President of the
Senate and to the Speaker of the
House of Representatives his written
declaration that no inability exists, he
shall reassume the powers and
duties of his office. Meanwhile,
should a majority of all the Members
of the Cabinet transmit within five
days to the President of the Senate
and to the Speaker of the House of
Representatives their written
declaration that the President is
unable to discharge the powers and
duties of his office, the Congress
shall decide the issue. For that
purpose, the Congress shall
convene, if it is not in session, within
forty-eight hours, in accordance with
its rules and without need of call.
If the Congress, within ten days after
receipt of the last written declaration,
or, if not in session, within twelve
days after it is required 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 office,
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 office or
employment during their tenure.
They shall not, during said tenure,
directly or indirectly, practice any
other profession, participate in any
business, or be financially interested
in any contract with, or in any
franchise, or special privilege
granted by the Government or any
subdivision, agency, or
instrumentality thereof, including
government-owned or controlled
corporations or their subsidiaries.
They shall strictly avoid conflict of
interest in the conduct of their office.
The spouse and relatives by
consanguinity or affinity within the
fourth civil degree of the President
shall not during his tenure be
appointed as members of the
Constitutional Commissions, or the
Office of the Ombudsman, or as
Secretaries, Undersecretaries,
chairmen or heads of bureaus or
offices, including government-owned
or controlled corporations and their
subsidiaries.

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 department,
ambassadors, other public ministers
and consuls, or officers of the armed
forces from the rank of colonel or
naval captain, and other officers
whose appointments are vested in
him in this Constitution. He shall also
appoint all other officers of the
Government whose appointments
are not otherwise provided for by
law, and those whom he may be
authorized by law to appoint. The
Congress may, by law, vest the
appointment of other officers lower in
rank in the President alone, in the
courts, or in the heads of
departments, agencies,
commissions, or boards.
The President shall have the power
to make appointments during the
recess of the Congress, whether
voluntary or involuntary, but such
appointments shall be effective only
until after disapproval by the
Commission on Appointments or
until the next adjournment of the
Congress.

SECTION 17.
The President shall 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 filed by
any citizen, the sufficiency of the
factual basis of the proclamation of
martial law or the suspension of the
privilege of the writ or the extension
thereof, and must promulgate its
decision thereon within thirty days
from its filing.
A state of martial law does not
suspend the operation of the
Constitution, nor supplant the
functioning of the civil courts or the
legislative assemblies, nor authorize
the conferment of jurisdiction on
military courts and agencies over
civilians where civil courts are able to
function, nor automatically suspend
the privilege of the writ.
The suspension of the privilege of
the writ shall apply only to persons
judicially charged for rebellion or
offenses inherent in or directly
connected with the invasion.

During the suspension of the


privilege of the writ, any person thus
arrested or detained shall be
judicially charged within three days,
otherwise he shall be released.

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 the regular session, as
the basis of the general
appropriations bill, a budget of
expenditures and sources of
financing, including receipts from
existing and proposed revenue
measures.

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

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