Beruflich Dokumente
Kultur Dokumente
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Preamble - Preamble
Citizenship - Citizenship
Suffrage - Suffrage
Constitutional Commissions - Co
5
Article INational Territory
6
Declaration of Principles and State Policies
State Policies
7
Bill of Rights
(1) Any person under investigation (a) Any person under inv estigation for the
for the commission of an offense commission of an offense shall have the
shall have the right to be informed right to be informed of his right to remain
of his right to remain silent and to silent and to have competent and
have competent and independent independent counsel preferably of his own
counsel preferably of his own choice. If the person cannot afford the
choice. If the person cannot afford services of counsel, he must be provided
the serv ices of counsel, he must be with one. These rights cannot be waiv ed
provided with one. These rights ex cept in w riting and in the presence of a
cannot be waiv ed except in writing competent and independent counsel.
and in the presence of counsel.
(4) The law shall provide for penal (d) The C ongress law shall enact a law
and civil sanctions for v iolations of providing for penal and civil sanctions for
this section as well as violations of this section as w ell as
compensation to and rehabilitation compensation to and rehabilitation of
of v ictims of torture or similar victims of torture or similar practices, and
practices, and their families. their families.
SECTION 17.
SECTION 1 3. All persons, except (a) All persons accused of any crime shall
those charged with offenses be entitled to bail or to be released on
punishable by reclusion perpetua recognizance. This right shall not be
when evidence of guilt is strong, av ailable in cases where the imposable
shall, before conviction, be bailable penalty is reclusion perpetua or higher,
by sufficient sureties, or be and the ev idence of guilt is strong as
released on recognizance as may determined in summ ary proceedings.
be prov ided by law. The right to
bail shall not be impaired even
when the priv ilege of the writ of
habeas corpus is suspended.
Excessive bail shall not be required.
(b) When an indigent person is charged
with an offense that w ould entitle him to
probation and the risk of flight is low, he
may be released on recognizance.
(c) The right to bail shall not be impaired
ev en w hen the privilege of the writ of
habeas corpus is suspended.
(d) Excessive bail shall not be required.
(1) No person shall be held to (a) No person shall be held to answer for
answ er for a crim inal offense a criminal offense w ithout due process of
without due process of law. law .
(2) In all criminal prosecutions, the (b) In all criminal prosecutions, the
accused shall be presumed innocent accused shall be presumed innocent until
until the contrary is prov ed, and the contrary is proved, and shall enjoy the
shall enjoy the right to be heard by right to be heard by himself and counsel,
himself and counsel, to be informed to be informed of the nature and cause of
of the nature and cause of the the accusation against him, to have a
accusation against him, to have a speedy, impartial, and public trial, to meet
speedy , impartial, and public trial, the witnesses face to face, and to have
to meet the witnesses face to face, compulsory process to secure the
and to have compulsory process to attendance of witnesses and the
secure the attendance of witnesses production of ev idence in his behalf.
and the production of evidence in How ever, after arraignment, trial may
his behalf. Howev er, after proceed notw ithstanding the absence of
arraignment, trial m ay proceed the accused; Provided, that he has been
notwithstanding the absence of the duly notified and his failure to appear is
accused provided that he has been unjustifiable.
duly notified and his failure to
appear is unjustifiable.
(1) Excessive fines shall not be (a) Excessive fines shall not be imposed,
imposed, nor cruel, degrading or nor cruel, degrading or inhuman
inhuman punishment inflicted. punishment inflicted. Neither shall death
Neither shall death penalty be penalty be imposed, unless for compelling
imposed, unless, for compelling reasons involv ing heinous crimes, the
reasons inv olving heinous crimes, Congress hereafter provides for it. Any
the Congress hereafter prov ides for death penalty already imposed shall be
it. A ny death penalty already reduced to reclusion perpetua.
imposed shall be reduced to
reclusion perpetua.
8
(2) The employment of physical, (b) The employment of physical,
psychological, or degrading psy chological, or degrading punishment
punishment against any prisoner or against any prisoner or detainee or the
detainee or the use of substandard use of substandard or inadequate penal
or inadequate penal facilities under facilities under subhuman conditions is
subhuman conditions shall be dealt prohibited. I t shall be the duty of the
with by law. Federal Government, Federated R egion
and their local gov ernment units to
provide for humane and adequate penal
facilities.
9
Citizenship
10
Suffrage
11
New ArticlePeople’s Initiative, Plebiscite,and Referendum
Draft Provisions
27 June 2018
SECTION 1. The Federal Republic
recognizes and promotes the
mechanism of People’s Initiative as
the means of the sovereign people
to directly propose revision of or
amendment to the Constitution, or
to propose, enact, amend or repeal
laws, acts, ordinances, or
resolutions passed by any
legislative body.
SECTION 2. People’s Initiative
shall be commenced by filing with
the Federal Commission on
Elections a verified petition and the
draft of the proposal which shall
embrace only one subject
expressed in the title thereof. The
proponents may avail of the
services of the Office of the
Solicitor General or Integrated Bar
of the Philippines in the drafting
and processing of the proposal and
the petition,
SECTION 3.free of any for
A petition charge.
people’s initiative shall comply with
the following signature
requirements:
(a) A proposal to revise the
Constitution shall be accompanied
by the signature of voters
representing at least thirty percent
(30%) of the votes cast in the last
preceding national elections, of
which every Federated Region
must be represented by at least
ten percent (10%) of the
signatures of such voters;
12
The Legislative Department
SECTION 1.
13
(1) The Senate shall elect its (a) The Senate shall elect its
President and the House of President and the House of
Representatives its Speak er, Representatives, its Speaker,
by a majority vote of all its by a majority vote of all its
respectiv e Members. respective Members. Each
Each House shall choose such House m ay choose such other
other officers as it m ay deem officers as it may deem
necessary. necessary.
(5) Neither House during the (e) Neither House during the
sessions of the Congress sessions of the Congress shall,
shall, w ithout the consent of without the consent of the
the other, adjourn for more other, adjourn for more than
than three days, nor to any three days, nor to any other
other place than that in w hich place than that in w hich the
the two Houses shall be two Houses shall be sitting.
sitting.
(1) The Congress may not (a) The Congress may not
increase the appropriations increase the appropriations
recom mended by the recommended by the
President for the operation of President for the operation of
the Gov ernment as specified the F ederal Government as
in the budget. The form, specified in the budget. The
content, and manner of form, content, and manner of
preparation of the budget preparation of the budget
shall be prescribed by law. shall be prescribed by law .
14
(5) No law shall be passed (e) No law shall be passed
authorizing any transfer of authorizing any transfer of
appropriations; however, the appropriations; how ever, the
President, the President of the President, the President of the
Senate, the Speaker of the Senate, the Speaker of the
House of Representatives, the House of R epresentatives, the
Chief Justice of the Supreme Chief Justice of the F ederal
Court, and the heads of Supreme Court, the Chief
Constitutional Comm issions Justices of the C onstitutional
may, by law, be authorized to Court, the Federal
augment any item in the Administrative Court and the
general appropriations law for Federal Electoral Court, and
their respective offices from the heads of Constitutional
savings in other items of their Commissions may, by law, be
respectiv e appropriations. authorized to augment any
item in the General
Appropriations Act for their
respective offices from sav ings
in other items of their
respective appropriations.
(7) If, by the end of any fiscal (g) I f, by the end of any fiscal
year, the Congress shall have year, the Congress shall have
failed to pass the general failed to pass the general
appropriations bill for the appropriations bill for the
ensuing fiscal year, the ensuing fiscal year, the
general appropriations law for general appropriations law for
the preceding fiscal year shall the preceding fiscal y ear shall
be deemed reenacted and be deemed re-enacted and
shall remain in force and shall remain in force and
effect until the general effect until the general
appropriations bill is passed appropriations bill is passed by
by the Congress. the Congress.
(1) Every bill passed by the (a) Every bill passed by the
Congress shall embrace only Congress shall embrace only
one subject which shall be one subject which shall be
expressed in the title thereof. expressed in the title thereof.
(1) Every bill passed by the (a) Every bill passed by the
Congress shall, before it Congress shall, before it
becomes a law , be presented becomes a law , be presented
to the President. If he to the President. If he
approves the sam e, he shall approves the same he shall
sign it; otherwise, he shall sign it; otherwise, he shall
veto it and return the same veto it and return the same
with his objections to the with his objections to the
House w here it originated, House w here it originated,
which shall enter the which shall enter the
objections at large in its objections at large in its
Journal and proceed to Journal and proceed to
reconsider it. I f, after such reconsider it. If, after such
reconsideration, two-thirds of reconsideration, tw o-thirds of
all the M embers of such all the M embers of such
House shall agree to pass the House shall agree to pass the
bill, it shall be sent, together bill, it shall be sent, together
with the objections, to the with the objections, to the
other House by which it shall other House by which it shall
lik ewise be reconsidered, and likewise be reconsidered, and
if approved by two-thirds of if approved by tw o-thirds of all
all the M embers of that the M embers of that House, it
House, it shall become a law . shall becom e a law. In all such
In all such cases, the v otes of cases, the votes of each
each House shall be House shall be determined by
determined by yeas or nay s, yeas or nay s, and the names
and the names of the of the M embers voting for or
Members voting for or against against shall be entered in its
shall be entered in its Journal. Journal. The President shall
The President shall communicate his veto of any
communicate his veto of any bill to the House where it
bill to the House where it originated w ithin thirty days
originated within thirty days after the date of receipt
after the date of receipt thereof, otherwise, it shall
thereof; otherw ise, it shall become a law as if he had
become a law as if he had signed it.
signed it.
(2) The President shall have (b) The President shall hav e
the pow er to veto any the pow er to veto any
particular item or items in an particular item or items in an
appropriation, revenue, or appropriation, rev enue, or
tariff bill, but the veto shall tariff bill, but the veto shall
not affect the item or items to not affect the item or items to
which he does not object. which he does not object.
15
Executive Department
SECTION 4 . The President and the (a) The President and the Vice-
Vice-President shall be elected by President shall be elected by direct
direct vote of the people for a term of vote of the people for a term of four
six years w hich shall begin at noon on (4) years, which shall begin at noon on
the thirtieth day of June next following the thirtieth day of June next follow ing
the day of the election and shall end at the day of the election and shall end at
noon of the same date six years noon on the same date four ( 4) years
thereafter. The President shall not be thereafter. Both the President and V ice
eligible for any reelection. No person President shall be eligible for reelection
who has succeeded as President and to one ( 1) term.
has served as such for more than four
years shall be qualified for election to
the same office at any time.
(b) A person who has succeeded to the
office of the President and has served
as such for at least two ( 2) years and
has been elected as President for a
fresh term shall be ineligible for
election to the same office at any other
time.
(c) The President and the Vice-
President shall be elected as a team. A
vote for the presidential candidate shall
be counted as a vote for his or her v ice
presidential candidate.
No Vice-President shall serve for more
than two consecutive terms. Voluntary
renunciation of the office for any
length of time shall not be considered
as an interruption in the continuity of
the serv ice for the full term for which
he w as elected.
Unless otherwise provided by law, the
regular election for President and Vice-
President shall be held on the second
Monday of M ay.
The returns of every election for (d) The returns of every election for
President and Vice-President, duly President and Vice-President, duly
certified by the board of canvassers of certified by the board of canvassers of
each province or city , shall be each F ederated Region, shall be
transmitted to the Congress, directed transmitted to the Congress, directed
to the President of the Senate. Upon to the President of the Senate. Upon
receipt of the certificates of canv ass, receipt of the certificates of canvass,
the President of the Senate shall, not the President of the Senate shall, not
later than thirty days after the day of later than thirty (30) days after the day
the election, open all certificates in the of the election, open all certificates in
presence of the Senate and the House the presence of the Senate and the
of R epresentatives in joint public House of Representatives in joint public
session, and the Congress, upon session, and the Congress, upon
determination of the authenticity and determ ination of the authenticity and
due ex ecution thereof in the manner due execution thereof in the manner
provided by law, canv ass the votes. provided by law, canvass the votes.
The person having the highest number (e) The person having the highest
of v otes shall be proclaimed elected, num ber of votes shall be proclaimed
but in case tw o or more shall have an elected, but in case two or more shall
equal and highest num ber of votes, have an equal and highest number of
one of them shall forthw ith be chosen votes, one of them shall forthwith be
by the vote of a majority of all the chosen by the vote of a majority of all
Members of both Houses of the the Members of both Houses of the
Congress, voting separately. Congress, voting separately.
The Congress shall promulgate its rules (f) The Congress shall prom ulgate its
for the canvassing of the certificates. rules for the canvassing of the
The Supreme Court, sitting en banc, certificates of votes.
shall be the sole judge of all contests
relating to the election, returns, and
qualifications of the President or Vice-
President, and may promulgate its
rules for the purpose.
(g) The Federal Electoral Court, shall
be the sole judge of all contests
relating to the election, returns, and
qualifications of the President and Vice-
President, as prov ided for in Section
18, Article IX of this Constitution.
SECTION 5 . Before they enter on the SE CTIO N 5. Before they enter on the
execution of their office, the President, execution of their office, the President,
the Vice- President, or the Acting the Vice- President, or the Acting
President shall take the follow ing oath President shall tak e the following oath
or affirm ation: or affirmation:
“I do solemnly sw ear (or affirm) that I “I do solemnly swear (or affirm) that I
will faithfully and conscientiously fulfill will faithfully and conscientiously fulfill
my duties as President (or Vice- my duties as President (or Vice-
President or Acting President) of the President or Acting President) of the
Philippines, preserve and defend its F ederal Republic of the Philippines,
Constitution, ex ecute its laws, do preserv e and defend its Constitution,
justice to every man, and consecrate execute its laws, do justice to every
myself to the service of the Nation. So man, and consecrate my self to the
help me God.” ( In case of affirmation, service of the Nation. So help me God.”
last sentence will be omitted.) (In case of affirm ation, last sentence
will be omitted.)
SECTION 6 . The President shall have SE CTIO N 6. The President shall hav e
an official residence. The salaries of the an official residence. The salaries of the
President and Vice- President shall be President and Vice-President shall be
determined by law and shall not be determ ined by law and shall not be
decreased during their tenure. No decreased during their tenure. No
increase in said compensation shall increase in said compensation shall
take effect until after the ex piration of tak e effect until after the expiration of
the term of the incumbent during the term of the incumbent during
which such increase w as approved. which such increase was approved.
They shall not receive during their They shall not receive during their
tenure any other emolument from the tenure any other emolument from the
Government or any other source. Government or any other source.
SECTION 7.
SECTION 7 . The President-elect and (a) The election for President and Vice
the Vice- President-elect shall assume President shall, unless otherwise
office at the beginning of their terms. provided by law, be held ev ery second
M onday of May and every four years
thereafter. Their term of office
commences at noon of the 30th of
June following their election.
If the President-elect fails to qualify, (b) If the President-elect fails to
the Vice- President-elect shall act as qualify , the Vice President- elect shall
President until the President-elect shall act as President until the President-
have qualified. 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 (c) If at the beginning of their term ,
President, the President-elect shall the President shall have died or shall
have died or shall have becom e have become permanently
permanently disabled, the V ice- incapacitated, the Vice-President shall
President-elect shall become President. become President.
Where no President and Vice-President (d) Where no President and Vice-
shall have been chosen or shall have President shall hav e been elected or
qualified, or where both shall have died shall hav e qualified, or w here both
or become permanently disabled, the shall hav e died or become permanently
President of the Senate or, in case of incapacitated, the President of the
his inability, the Speaker of the House Senate or, in case of his inability, the
of R epresentatives shall act as Speaker of the House of
President until a President or a Vice- Representatives shall act as President
President shall have been chosen and until a President or a Vice-President
qualified. shall hav e been elected and qualified.
The Congress shall, by law, provide for (e) The Congress shall, by law , provide
the manner in w hich one who is to act for the manner in which one who is to
as President shall be selected until a act as President shall be selected until
President or a Vice-President shall have a President or a Vice-President shall
qualified, in case of death, permanent have qualified, in case of death,
disability , or inability of the officials permanent incapacity , or inability of
mentioned in the nex t preceding the officials mentioned in the next
paragraph. preceding paragraph.
SECTION 8 . In case of death, SE CTIO N 8. I n case of death,
permanent disability, removal from permanent incapacity , removal from
office, or resignation of the President, office, or resignation of the President,
the Vice- President shall become the the Vice-President shall become the
President to serve the unexpired term. President to serve the unexpired term .
In case of death, permanent disability, In case of death, permanent
removal from office, or resignation of incapacity, rem oval from office, or
both the President and Vice- President, resignation of both the President and
the President of the Senate or, in case Vice-President, the President of the
of his inability, the Speaker of the Senate or, in case of his inability, the
House of Representatives, shall then Speaker of the House of
act as President until the President or Representatives, shall then act as
Vice-President shall have been elected President until the President or Vice-
and qualified. President shall hav e been elected and
The Congress shall, by law, provide qualified.
The Congress shall, by law, prov ide
who shall serve as President in case of who shall serve as President in case of
death, permanent disability , or death, permanent incapacity, or
resignation of the Acting President. He resignation of the Acting President. He
shall serve until the President or the shall serve until the President or the
Vice- President shall have been elected Vice-President shall have been elected
and qualified, and be subject to the and qualified, and be subject to the
same restrictions of powers and same restrictions of powers and
disqualifications as the Acting disqualifications as the A cting
President.
SECTION 9 . Whenever there is a President.
SE CTIO N 9. I n case of vacancy in the
vacancy in the Office of the Vice- Office of the Vice President, the
President during the term for which he President shall appoint a Vice President
was elected, the President shall from am ong the Members of the
nominate a Vice-President from am ong Senate or House of Representatives
the M embers of the Senate and the who belong to the same political party
House of Representatives who shall or coalition of political parties as that of
assume office upon confirmation by a the President. Such appointment shall
majority vote of all the Mem bers of need no confirmation by Congress.
both Houses of the Congress, voting
separately .
SECTION 1 0. The Congress shall, at SE CTIO N 10 . The Congress shall, at
ten o’clock in the m orning of the third ten o’clock in the morning of the third
day after the vacancy in the offices of day after the vacancy in the offices of
the President and Vice-President the President and Vice-President
occurs, convene in accordance with its occurs, convene in joint session in
rules without need of a call and within accordance with its rules w ithout need
seven days enact a law calling for a of a call and within seven (7) days
special election to elect a President and enact a law calling for a special election
a Vice-President to be held not earlier to elect a President and a Vice-
than forty-five days nor later than sixty President to be held not earlier than
days from the tim e of such call. The bill forty-five ( 45) days nor later than sixty
calling such special election shall be (60) day s from the time of such call.
deemed certified under paragraph 2, The bill calling such special election
Section 26, Article VI of this shall be deemed certified under
Constitution and shall become law paragraph ( b) Section 26, Article VII of
upon its approval on third reading by this Constitution and shall become law
the Congress. Appropriations for the upon its approval on third reading by
special election shall be charged the Congress voting jointly.
against any current appropriations and Appropriations for the special election
shall be exempt from the requirements shall be charged against any current
of paragraph 4, Section 25, Article VI appropriations and shall be exempt
of this Constitution. The conv ening of from the requirements of subparagraph
the Congress cannot be suspended nor (d) Section 25 of Article VII of this
the special election postponed. No Constitution. The conv ening of the
special election shall be called if the Congress cannot be suspended nor the
vacancy occurs w ithin eighteen months special election postponed. No special
before the date of the next presidential election shall be called if the vacancy
election. occurs within eighteen (18) months
before
SECTION the11.
date of the next presidential
election.
SECTION 1 1. Whenever the President (a) Whenev er the President transmits
transmits to the President of the to the President of the Senate and the
Senate and the Speaker of the House Speaker of the House of
of R epresentatives his written Representatives his written declaration
declaration that he is unable to that he is unable to discharge the
discharge the pow ers and duties of his pow ers and duties of his office, and
office, and until he transmits to them a until he transmits to them a written
written declaration to the contrary , declaration to the contrary , such
such pow ers and duties shall be pow ers and duties shall be discharged
discharged by the Vice- President as by the Vice- President as Acting
Acting President.
Whenev er a majority of all the President.
(b) Whenever a majority of all the
Members of the C abinet transmit to the M embers of the Cabinet transmit to the
President of the Senate and to the President of the Senate and to the
Speaker of the House of Speaker of the House of
Representatives their written Representatives their written
declaration that the President is unable declaration that the President is unable
to discharge the pow ers and duties of to discharge the powers and duties of
his office, the Vice-President shall his office, the Vice-President shall
immediately assume the pow ers and immediately assume the powers and
duties of the office as Acting President. duties of the office as Acting President.
Thereafter, when the President (c) Thereafter, when the President
transmits to the President of the transmits to the President of the
Senate and to the Speaker of the Senate and to the Speaker of the
House of Representatives his written House of Representatives his written
declaration that no inability exists, he declaration that no inability exists, he
shall reassume the powers and duties shall reassume the powers and duties
of his office. Meanwhile, should a of his office. M eanw hile, should a
majority of all the Members of the majority of all the M embers of the
Cabinet transmit within five days to the Cabinet transmit within five days to the
President of the Senate and to the President of the Senate and to the
Speaker of the House of Speaker of the House of
Representatives their written Representatives their written
declaration that the President is unable declaration that the President is unable
to discharge the pow ers and duties of to discharge the powers and duties of
his office, the Congress shall decide the his office, the Congress shall decide the
issue. F or that purpose, the Congress issue. For that purpose, the Congress
shall convene, if it is not in session, shall convene, if it is not in session,
within forty-eight hours, in accordance within forty-eight hours, in accordance
with
If theitsCongress,
rules andwithin
without
tenneed
daysofafter
call. (d)
withIfits rules
the and without
Congress, withinneed of call.
ten day s
receipt of the last w ritten declaration, after receipt of the last written
or, if not in session, w ithin twelve days declaration, or, if not in session, within
after it is required to assemble, twelve days after it is required to
determines by a two- thirds vote of assemble, determines by a two- thirds
both Houses, voting separately, that vote of both Houses, voting separately,
the President is unable to discharge the that the President is unable to
powers and duties of his office, the discharge the powers and duties of his
Vice-President shall act as the office, the Vice-President shall act as
President; otherwise, the President the President; otherwise, the President
shall continue exercising the pow ers shall continue exercising the powers
and duties 1
SECTION of2.his
In office. andCTIO
case of serious illness SE duties
N of
12his
. Inoffice.
case of serious illness
of the President, the public shall be of the President, the public shall be
inform ed of the state of his health. The informed of the state of his health. The
Members of the C abinet in charge of M embers of the Cabinet in charge of
national security and foreign relations national security, foreign r elations, and
and the C hief of Staff of the Armed health, the Chief of Staff of the A rmed
Forces of the Philippines, shall not be F orces of the Philippines, and the
denied access to the President during personal phy sician of the President
such illness. shall not be denied access to the
President during such illness.
SECTION 13.
16
SECTION 1 5. Two months SE CTIO N 15 . Three (3) months
immediately before the next immediately before the next
presidential elections and up to the end presidential elections and up to the end
of his term, a President or Acting of his term, a President or Acting
President shall not m ake appointments, President shall not mak e appointments
except temporary appointments to in any branch of government, except
executive positions w hen continued temporary appointm ents to executive
vacancies therein w ill prejudice public positions w hen continued vacancies
service or endanger public safety. therein will prejudice public serv ice or
endanger public safety.
SECTION 16.
SECTION 1 6. The President shall (a) The President shall nominate and,
nominate and, with the consent of the with the consent of the Commission on
Commission on Appointments, appoint Appointments, appoint the heads of the
the heads of the executiv e executiv e departments, ambassadors,
departm ents, ambassadors, other other public ministers and consuls, or
public ministers and consuls, or officers officers of the Armed Forces from the
of the arm ed forces from the rank of rank of Major General or Rear Admiral,
colonel or nav al captain, and other and other officers whose appointments
officers whose appointments are are vested in him in this Constitution.
vested in him in this Constitution. He He shall also appoint all other officers
shall also appoint all other officers of of the Federal Government whose
the Gov ernment w hose appointments appointments are not otherwise
are not otherwise prov ided for by law , provided for by law , and those whom
and those whom he may be authorized he may be authorized by law to
by law to appoint. The Congress may, appoint. The Congress may , by law,
by law , vest the appointment of other vest the appointment of other officers
officers lower in rank in the President lower in rank in the Pr esident alone, in
alone, in the courts, or in the heads of the courts, or in the heads of
departm ents, agencies, commissions, departments, agencies, commissions,
or boards.
The President shall hav e the power to or boards.
(b) The President shall have the power
make appointments during the recess to make appointm ents during the
of the Congress, whether voluntary or recess of the Congress, w hether
compulsory, but such appointments voluntary or compulsory , but such
shall be effectiv e only until after appointments shall be effective only
disapproval by the Commission on until after disapproval by the
Appointments or until the next Commission on Appointments or until
adjournment of the Congress. the next adjournment of the Congress.
SECTION 1 7. The President shall have SE CTIO N 17 . The President shall have
control of all the ex ecutiv e control of all the executive
departm ents, bureaus, and offices. He departments, bureaus, and offices
shall ensure that the laws be faithfully under the Federal Government. He
executed. shall ensure that the laws be faithfully
executed.
SECTION 18.
17
Judicial Department
Comments
1987 Constitution Draft Provisions
2 7 Jun e 20 18
Article VIII Article IX
SECTION 1 . The judicial power shall SECTIO N 1. The judicial pow er shall
be vested in one Supreme Court and be vested in the F ederal Supreme
in such lower courts as may be Court, the Federal Constitutional
established by law . Court, the Federal Administrativ e
Court, the Federal Electoral Court
and in other courts as may be
established by law.
Judicial power includes the duty of Judicial power includes the duty of
the courts of justice to settle actual the courts of justice to settle actual
controversies involv ing rights which controv ersies involving rights which
are legally demandable and are legally dem andable and
enforceable, and to determ ine enforceable, and to determine
whether or not there has been a whether or not there has been a
grave abuse of discretion amounting grave abuse of discretion amounting
to lack or excess of jurisdiction on to lack or excess of jurisdiction on
the part of any branch or the part of any branch or
instrumentality of the Government. instrumentality of the Government;
provided that the F ederal
Constitutional Court may render
advisory opinions on constitutional
questions properly referred to it and
provided further that the F ederal
Administrative Court may render
advisory opinion on whether the
Federal Commission on Elections has
complied with the processes,
procedures, and preparations relative
to the conduct of the elections as
provided under subparagraph b,
section
SECTION 15 2.
of this Article.
SECTION 2 . The Congress shall (a) The Congress shall have the
have the power to define, prescribe, power to define, prescribe, and
and apportion the jurisdiction of apportion the jurisdiction of the
various courts but may not depriv e various courts but may not deprive
the Supreme Court of its jurisdiction the F ederal Supreme Court, the
over cases enumerated in Section 5 Federal Constitutional Court, the
hereof. Federal Administrative Court, and the
Federal Electoral Court of their
respective jurisdictions over cases or
matters conferred on them in the
Constitution.
No law shall be passed reorganizing (b) No law shall be passed
the Judiciary when it undermines the reorganizing the Judiciary w hen it
security of tenure of its Mem bers. undermines the security of tenure of
its Members.
SECTION 3.
SECTION 3 . The Judiciary shall (a) The Judiciary shall enjoy fiscal
enjoy fiscal autonomy . Appropriations autonomy and through the Chief
for the Judiciary may not be reduced Justices of the Federal Supreme
by the legislature below the amount Court, the Federal Constitutional
appropriated for the previous y ear Court, the Federal Administrativ e
and, after approval, shall be Court, and the Federal Electoral
automatically and regularly released. Court, shall hav e the power to
augment any item in the general
appropriations law for the offices of
the F ederal Supreme Court, F ederal
Constitutional Court, F ederal
Administrative Court, and Federal
Electoral Court respectively from
savings in other items of their
respective
(b) appropriations.
Appropriations for the Judiciary
may not be reduced by the
legislature below the amount
appropriated for the previous year.
After approval, the appropriation
shall be automatically and regularly
SECTION 4. released.
SECTION 4.
(b) All cases involving the legality of 3. The legality of any tax, impost,
any tax, impost, assessment, or toll, assessment, or toll, or any penalty
or any penalty imposed in relation imposed in relation thereto;
thereto.
(c) All cases in which the jurisdiction 2. The jurisdiction of any lower court;
of any lower court is in issue.
(d) All criminal cases in w hich the 4. Criminal offenses in which the
penalty imposed is reclusion perpetua penalty imposed is reclusion perpetua
or higher. or higher;
(4) Order a change of venue or place (d) Order a change of venue or place
of trial to avoid a miscarriage of of trial to avoid a miscarriage of
justice. justice.
(5) Prom ulgate rules concerning the (e) Promulgate rules concerning
protection and enforcement of pleading, practice, and procedure in
constitutional rights, pleading, all courts, except the F ederal
practice, and procedure in all courts, Constitutional Court, F ederal
the admission to the practice of law, Administrative Court, and Federal
the Integrated Bar, and legal Electoral Court, the admission to the
assistance to the underpriv ileged. practice of law, the integrated bar,
Such rules shall provide a sim plified and legal assistance to the
and inexpensiv e procedure for the underprivileged. Such rules shall
speedy disposition of cases, shall be provide a simplified and inexpensiv e
uniform for all courts of the same procedure for the speedy disposition
grade, and shall not diminish, of cases, shall be uniform for all
increase, or m odify substantive courts of the same grade, and shall
rights. Rules of procedure of special not diminish, increase, or modify
courts and quasi-judicial bodies shall substantive rights.
remain effective unless disapproved
by the Supreme Court.
18
SECTION 7. SECTION 10.
19
(1) A Judicial and Bar Council is (a) There shall be a Judicial
hereby created under the supervision Appointments and Disciplinary
of the Suprem e Court composed of Council composed of the following
the Chief Justice as ex officio ex- officio m embers:
Chairman, the Secretary of Justice, 1. Chief Justice of the F ederal
and a representative of the Congress Supreme C ourt;
as ex officio M embers, a 2. Chief Justice of the F ederal
representative of the Integrated Bar, Constitutional Court;
a professor of law, a retired M ember 3. Chief Justice of the F ederal
of the Suprem e Court, and a Administrative Court;
representative of the private sector. 4. Chief Justice of the F ederal
Electoral Court;
5. Chairperson of the Federal
Ombudsman Commission;
6. Court Administrator of the
Supreme C ourt;
7. A representative from the Senate
belonging to the M inority;
8. A representative from the House
of Representativ es belonging to the
Majority ;
9. Chairperson of the Civil Service
Commission;
10. Chairperson of the Commission
on Audit;
11. Secretary of Justice;
(b) The Council shall have the
following regular members:
1. A representative from and
designated by the Integrated Bar of
the Philippines;
2. A law professor designated by the
Philippine Association of Law
Schools;
3. A representative from and
designated by the Association of
Generals and Flag Officers;
4. A retired member of the Federal
Supreme C ourt to be designated by
the A ssociation of the Retired
(2) The regular Members of the Justices
(c) of the Federal
The regular membersSupreme
shall serve
Council shall be appointed by the Court.
for a term of four ( 4) years w ithout
President for a term of four years reappointment and their appointment
with the consent of the Commission shall not require confirmation. Any
on A ppointments. Of the M embers vacancy shall be filled w ithin ninety
first appointed, the representative of (90) days from the occurrence
the Integrated Bar shall serve for thereof by the same appointing
four years, the professor of law for authority.
three years, the retired Justice for
tw o years, and the representative of
the private sector for one y ear.
(1) All cases or matters filed after the (a) All cases or matters filed after the
effectivity of this Constitution must effectivity of this Constitution must
be decided or resolv ed within twenty- be decided or resolved within tw enty -
four months from date of submission four ( 24) months from date of filing
for the Suprem e Court, and, unless for the F ederal Supreme Court, the
reduced by the Supreme Court, Federal Constitutional Court, the
tw elve months for all lower collegiate Federal Administrative Court, and the
courts, and three months for all other Federal Electoral Court, and unless
lower courts. reduced by the F ederal Supreme
Court, twelve (12) months for all
low er collegiate courts, and three ( 3)
months for all other low er courts.
(2) A case or matter shall be deemed
submitted for decision or resolution
upon the filing of the last pending,
brief, or memorandum required by
the Rules of Court or by the court
itself.
(3) Upon the expiration of the (b) Upon the expiration of the
corresponding period, a certification corresponding period, a certification
to this effect signed by the Chief to this effect signed by the Chief
Justice or the presiding judge shall Justice of the Federal Supreme Court,
forthw ith be issued and a copy the F ederal Constitutional C ourt, the
thereof attached to the record of the Federal Administrative Court, or the
case or matter, and served upon the Federal Electoral Court, or the
parties. The certification shall state presiding justice or judge of the
why a decision or resolution has not low er court shall forthw ith be issued
been rendered or issued within said and a copy thereof attached to the
period. record of the case or matter, and
served upon the parties. The
certification shall state why a
decision or resolution has not been
rendered or issued within said period.
(4) Despite the expiration of the (c) Despite the expiration of the
applicable mandatory period, the applicable mandatory period, the
court, without prejudice to such court, without prejudice to such
responsibility as may hav e been responsibility as may have been
incurred in consequence thereof, incurred in consequence thereof,
shall decide or resolve the case or shall decide or resolve the case or
matter submitted thereto for matter submitted thereto for
determination, without further delay. determination, w ithout further delay.
20
Constitutional Commissions
SECTION 1. SECTION 1.
(1) The Civil Service shall be (a) There shall be a F ederal Civil
administered by the Civil Service Service Comm ission that shall
Commission composed of a administer the civil service which
Chairman and two Commissioners embraces all branches,
who shall be natural-born citizens subdivisions, instrumentalities, and
of the Philippines and, at the time agencies of the Federal and
of their appointment, at least thirty- Federated R egional Governments,
five y ears of age, w ith proven including gov ernment-ow ned or
capacity for public administration, controlled corporations with original
and must not have been candidates charters and their subsidiaries.
for any elective position in the
elections immediately preceding
their appointment.
(2) The Chairman and the (b) Appointments in the civil serv ice
Commissioners shall be appointed shall be based solely on merit and
by the President with the consent fitness to be determined by
of the Commission on competitive examination or other
Appointments for a term of seven legal requirements, except to
years without reappointment. Of positions which are primarily
those first appointed, the Chairman confidential, policy determining and
shall hold office for seven years, a highly technical.
Commissioner for fiv e years, and
another Comm issioner for three
years, w ithout reappointment.
Appointment to any v acancy shall
be only for the unexpired term of
the predecessor. In no case shall
any M ember be appointed or
designated in a temporary or acting
capacity.
SECTION 2.
21
(a) The Federal Civil Serv ice
Commission, as the central hum an
resource agency of the
Government, shall establish a
career service and adopt measures
to promote morale, efficiency ,
integrity, responsiveness,
progressiveness, and courtesy in
the civil service. I t shall strengthen
the merit and rewards system;
integrate all human resources
development plans; enhance the
capacities of all civil servants;
establish standards for position
classification and compensation,
selection, recruitment, and
placement of civil servants; and
institutionalize a management
climate conducive to public
accountability. I t shall submit to the
President and the F ederal Congress
an annual
(b) report on of
In the discharge its its
human
duties,
resource
the programs.
Civil Service Commission shall
not impair the autonomy of
federated regions.
(c) The Commission may review on
appeal final orders and decisions of
the Regional Civ il Service
Commission.
SECTION 9 . The Federal Congress
shall, upon consultation with the
Federal Civ il Service Commission,
the Department of Budget and
Management and the Department
of F inance, provide for the
minimum standards of
compensation for public officials
and employ ees, including those in
government-owned or controlled
corporations and their subsidiaries,
taking into account the nature of
the responsibilities pertaining to
and the qualifications required for
the positions.
SECTION 10.
SECTION 13.
SECTION 1. SECTION 1.
(2) The Chairman and the (b) The Chairperson and the
Commissioners shall be appointed Commissioners shall be appointed
by the President with the consent by the President w ith the consent
of the Commission on of the Commission on
Appointments for a term of seven Appointments for a term of seven
years without reappointment. Of (7) years without reappointment.
those first appointed, three Of those first appointed, three
Members shall hold office for seven Mem bers shall hold office for seven
years, tw o Members for five years, (7) years, two M embers for fiv e (5)
and the last Members for three years, and the last Member for
years, w ithout reappointment. three (3) years, without
Appointment to any v acancy shall reappointment.
be only for the unexpired term of
the predecessor. In no case shall
any M ember be appointed or
designated in a temporary or acting
capacity.
(4) Deputize, with the concurrence (b) Deputize, with the concurrence
of the President, law enforcement of the President, law enforcement
agencies and instrum entalities of agencies and instrum entalities of
the Gov ernment, including the the Government, including the
Armed F orces of the Philippines, for Armed F orces of the Philippines, for
the exclusive purpose of ensuring the exclusive purpose of ensuring
free, orderly, honest, peaceful, and free, orderly, honest, peaceful, and
credible elections. credible elections;
(6) F ile, upon a verified complaint, (d) F ile, upon a v erified complaint,
or on its ow n initiative, petitions in or on its ow n initiative, petitions in
court for inclusion or exclusion of court for inclusion or exclusion of
voters; investigate and, w here voters;
appropriate, prosecute cases of
violations of election law s, including
acts or omissions constituting
election frauds, offenses, and
malpractices.
(8) Recomm end to the President (g) R ecomm end to the President
the removal of any officer or the removal of any officer or
employee it has deputized, or the employee it has deputized, or the
imposition of any other disciplinary im position of any other disciplinary
action, for violation or disregard of, action, for violation or disregard of,
or disobedience to its directive, or disobedience to its directive,
order, or decision. order, or decision;
(9) Submit to the President and the (h) Submit to the President and the
Congress a com prehensive report Federal Congress a comprehensive
on the conduct of each election, report on the conduct of each
plebiscite, initiativ e, referendum, or election, plebiscite, initiative,
recall. referendum, or recall.
22
media of communication or (b) Supervise or regulate media of
inform ation, communication or information;
all grants, special privileges, or (c) Supervise or regulate all grants,
concessions granted by the special privileges, or concessions
Government or any subdiv ision, granted by the Government or any
agency, or instrumentality thereof, subdivision, agency, or
including any government- owned instrumentality thereof, including
or controlled corporation or its any government-owned or
subsidiary. Such supervision or controlled corporation or its
regulation shall aim to ensure equal subsidiary. Such supervision or
opportunity, time, and space, and regulation shall aim to ensure equal
the right to reply, including opportunity, time, and space, and
reasonable, equal rates therefor, the right to reply, including
for public information campaigns reasonable, equal rates therefor,
and forums among candidates in for public information campaigns
connection w ith the objective of and forums among candidates in
holding free, orderly, honest, connection w ith the objective of
peaceful, and credible elections. holding free, orderly , honest,
peaceful, and credible elections.
SECTION 5 . No pardon, amnesty, SECTION 4 . No pardon, amnesty,
parole, or suspension of sentence parole, or suspension of sentence
for v iolation of election laws, rules, for v iolation of election laws, rules,
and regulations shall be granted by and regulations shall be granted by
the President without the favorable the President without the favorable
recom mendation of the recom mendation of the
Commission.
SECTION 6 . A free and open party Commission.
sy stem shall be allowed to ev olve
according to the free choice of the
people, subject to the provisions of
this Article.
SECTION 7 . No votes cast in favor
of a political party, organization, or
coalition shall be valid, ex cept for
those registered under the party-list
sy stem as provided in this
Constitution.
SECTION 8 . Political parties, or
organizations or coalitions
registered under the party-list
sy stem , shall not be represented in
the voters’ registration boards,
boards of election inspectors,
boards of canvassers, or other
similar bodies. How ever, they shall
be entitled to appoint poll watchers
in accordance with law.
SECTION 9 . Unless otherwise SECTION 5 . Unless otherwise
fixed by the Commission in special fixed by the Commission in special
cases, the election period shall cases, the election period shall
commence ninety days before the commence ninety (90) days before
day of the election and shall end the day of the election and shall
thirty days after. end thirty (30) days after.
SECTION 1 0. Bona fide SECTION 6 . Bona fide candidates
candidates for any public office for any public office shall be free
shall be free from any form of from any form of harassment and
harassm ent and discrimination. discrimination.
SECTION 1 1. F unds certified by SECTION 7 . Funds certified by the
the Commission as necessary to Commission as necessary to defray
defray the expenses for holding the expenses for holding regular
regular and special elections, and special elections, plebiscites,
plebiscites, initiatives, referenda, initiatives, referenda, and recalls,
and recalls, shall be prov ided in the shall be provided in the regular or
regular or special appropriations special appropriations and, once
and, once approved, shall be approved, shall be released
released automatically upon automatically upon certification by
certification by the Chairman of the the Chairperson of the F ederal
Commission. Commission on Elections.
SECTION 8 . The appreciation of
ballots, counting of votes, and the
overall conduct of any election,
whether it be manual, automated
or a combination of both, shall be
accessible, verifiable, and open to
public scrutiny at all stages.
SECTION 9 . Not later than six
months before any election, any
registered voter or registered
political party may file with the
Federal Administrative Court a
petition to determine compliance
with all processes, procedures and
preparations relative to the conduct
of the elections.
D. Commission on Audit D. Federal Commission on Audit
SECTION 1. SECTION 1.
(2) The Chairman and the (b) The Chairperson and the
Commissioners shall be appointed Commissioners shall be appointed
by the President with the consent by the President w ith the consent
of the Commission on of the Commission on
Appointments for a term of seven Appointments for a term of seven
years without reappointment. Of (7) years without reappointment.
those first appointed, the Chairman Of those first appointed, the
shall hold office for seven years, Chairperson shall hold office for
one Commissioner for five years, seven (7) y ears, one (1)
and the other Commissioner for Commissioner for fiv e (5) y ears,
three years, without and the other Commissioner for
reappointment. Appointment to any three (3) years, without
vacancy shall be only for the reappointment.
unex pired portion of the term of
the predecessor. In no case shall
any M ember be appointed or
designated in a temporary or acting
capacity.
SECTION 2. SECTION 2.
(2) The Commission shall have (b) The Commission shall have
exclusiv e authority , subject to the exclusive authority , subject to the
lim itations in this Article, to define limitations in this Article, to define
the scope of its audit and the scope of its audit and
examination, establish the examination, establish the
techniques and m ethods required techniques and methods required
therefor, and promulgate therefor, and promulgate
accounting and auditing rules and accounting and auditing rules and
regulations, including those for the regulations, including those for the
prevention and disallowance of prevention and disallowance of
irregular, unnecessary , excessive, irregular, unnecessary , excessive,
extrav agant, or unconscionable extrav agant, or unconscionable
expenditures, or uses of expenditures, or uses of
government funds and properties. government funds and properties.
23
(i) Grant immunity and establish a
witness protection program for
persons whose testimony or w hose
possession of documents or other
evidence is necessary to determine
the truth in any investigation
conducted by it or under its
authority ;
(j) Coordinate with any department,
bureau, office, or agency in the
performance of its functions;
(k) Coordinate with and render
capacity -building assistance to all
human rights agencies.
SECTION 3 . A human rights
violation is any v iolation of the
rights guaranteed by this
Constitution and by international
human rights covenants and
treaties to which the Philippines is a
party , perpetrated by the state or
by FEDERAL
F. non-stateOMBUDSM
actors. AN
COMMI SSION
SECTION 1 . There shall be an
Independent F ederal Ombudsman
Commission, com posed of the Chief
Om budsman as Chairperson, and
Four Associate Ombudsman
representing Luzon, Visayas,
Mindanao and the Federal Capital.
In addition, an overall Deputy
Om budsman shall be appointed to
assist the Ombudsman in general
administration matters, a Deputy
Om budsman for the m ilitary
establishment and the uniformed
law enforcem ent offices, and at
least one Deputy Ombudsman for
each of the Federated Regions.
SECTION 2 . The Chief
Om budsman, the Associate
Om budsman, the Deputies and the
Special Prosecutor shall be natural-
born citizens of the Philippines, and
at the time of their appointment, at
least forty-fiv e (45) years old, of
recognized probity and
independence, and members of the
Philippine Bar, and must not have
been candidates for any elective
office in the immediately preceding
election. The Chief Om budsman,
the Associate Ombudsman and the
Special Prosecutor must have, for
fifteen (15) years or more, been a
judge or engaged in the activ e
practice of law in the Philippines.
SECTION 3 . The existing Office of
the Special Prosecutor shall
continue to function and exercise
its powers as now or hereafter m ay
be prov ided by law, and shall be
under the control and supervision
of the Federal Ombudsman
Commission.
SECTION 4 . The Federal Chief
Om budsman, the Associate
Om budsman, the Deputies and the
Special Prosecutor shall serv e for a
term of seven (7) years without
reappointment. Of the Associate
Om budsman first appointed, tw o
shall hold office for seven (7) years
and two for five (5) years, without
reappointment. They shall not be
qualified to run for any office in the
election immediately succeeding
their cessation from office. Neither
are they allowed to appear nor to
practice before the F ederal
Om budsman Commission within
tw o (2) y ears following their
cessation from office.
SECTION 5 . The Federal Chief
Om budsman and his Deputies,
including the Special Prosecutor,
shall not during their tenure, hold
any other office or employm ent.
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
corporation or their subsidiaries.
SECTION 6 . The Federal
Om budsman Commission, as an
Anti-Corruption Commission and
protector of the people, shall act
promptly on complaints filed in any
form or manner against public
officials or employees of the
Governments, or any subdivision,
agency or instrum entality thereof,
including gov ernment-ow ned or
controlled corporations with original
charters, and shall, in appropriate
cases, notify the com plainants of
the action taken and the result
thereof.
SECTION 7 . The Federal
Om budsman Commission shall
decide, by a majority vote of all its
members, any case or matter
brought before it within one
hundred twenty (120) days from
the date of its filing. A case or
matter is deemed submitted for
decision or resolution upon filing
the last pleading, brief or
memorandum required by the rules
of the Commission. Unless
otherwise provided by this
Constitution or by law , any
decision, order, or ruling of the
Commission m ay be brought to the
Federal Administrative Court by
appeal or certiorari by the
aggrieved party
SECTION 8 . Thewithin thirty (30)
Federal
daysbudsman
Om from receipt of a copy
Commission thereof.
shall have
the following powers, functions and
duties:
(a) Investigate and prosecute on its
own or on complaint by any person,
any act or omission of any public
officer or employee, office or
agency, when such act or omission
appears to be illegal, unjust,
im proper or inefficient;
(b) Exercise disciplinary authority
over all elective and appointive
officials of the Government and its
subdivisions, instrumentalities and
agencies, including members of the
cabinet, local government,
government-owned or controlled
corporations and their subsidiaries,
in accordance with paragraph (a) ,
Section 9 hereof, except over
officials who may be rem oved by
im peachment; prov ided that when
the penalty imposed is removal
from the service, the evidence
required shall be clear and
convincing;
(c) Direct, upon complaint or at its
own instance, any officer or
employee of the Government, or of
any subdivision, agency or
instrumentality thereof, as well as
any government-owned or
controlled corporations with original
charter, to perform and expedite
any act or duty required by law , or
to stop, prevent, and correct any
abuse or impropriety in the
performance of duties;
(d) Take appropriate action against
a public officer or employee at fault
or who neglect to perform an act or
discharge a duty required by law,
and order his removal, suspension,
demotion, fine, censure, or
prosecution, and ensure compliance
therewith;
(e) Direct the officer concerned, in
any appropriate case, and subject
to such limitations as it may
provide in its rules of procedure, to
furnish it with copies of documents
relating to contracts or transactions
entered into by his office involving
the disbursement or use of public
funds or properties, and report any
irregularity to the Commission on
Audit for appropriate action;
(f) R equest any government agency
for assistance and information
necessary in the discharge of its
responsibilities, and to ex amine, if
necessary, pertinent records and
documents;
(g) Publicize matters covered by its
investigation when circumstances
so w arrant and with due prudence;
(h) Determine the causes of
inefficiency, red tape,
mismanagement, fraud, and
corruption in the Government, and
make recommendations for their
elimination and the observance of
high standards of ethics and
efficiency;
(i) Punish for contempt in
accordance with the Rules of Court
and under the same procedure and
with the same penalties prov ided;
and
(j) Promulgate its rules of
procedure and exercise such other
powers or perform such other
functions or duties at the law m ay
provide. The Federal Ombudsman
Commission shall give priority to
complaints filed against high
ranking government officials such
as presidential appointees and/or
those occupying supervisory
positions, complaints involving
grave offenses, as well as
complaints inv olving large sums of
money and/or
SECTION 9. properties.
24
SECTION 3 . The Chairperson and
the Commissioners shall avoid
conflict of interest in the conduct of
their office. They shall not be
allow ed to personally appear or
practice as counsel or agent on any
matter pending before the
Commission for two (2) y ears
following their cessation from
office.
SECTION 4 . The Commission shall
enforce and implement of all laws
and regulations on competition. It
shall exercise the following powers
and duties:
(a) Conduct inquiry, investigate,
hear and decide cases involving any
violation of competition law s motu
proprio or upon receipt of a verified
complaint from an interested party
or upon referral by the concerned
regulatory agency, and institute the
appropriate civ il or criminal
proceedings;
(b) R eview proposed mergers and
acquisitions, joint ventures, and
other business combinations that
substantially lessen competition in
the relevant market;
(c) Monitor and undertake
consultation with stakeholders and
affected agencies for the purpose
of understanding mark et behavior;
(d) After notice and hearing and
upon finding based on substantial
evidence that an entity has entered
into an anti-competitive agreement
or has abused its dominant
position, stop or redress the same
by applying remedies such as, but
not limited to, issuance of
injunctions, requirement of
divestment, and disgorgement of
excess
(e) profits;
Conduct administrativ e
proceedings, impose sanctions,
fines or penalties for any non-
compliance with or breach of
competition laws and regulations,
and punish for contempt as
provided
(f) Issue by law; duces tecum
subpoena
and subpoena ad testificandum ,
require the production of book s,
records, or other documents or
data w hich relate to any matter
relev ant to the investigation and
personal appearance before the
Commission, summ on w itnesses,
administer oaths, and issue interim
orders, such as show cause orders
and cease and desist orders after
due notice and hearing as prov ided
by law
(g) ; order of the court,
Upon
undertake inspections of business
premises and other offices, land
and vehicles, as used by the entity,
where it reasonably suspects that
relev ant books, tax records, or
other docum ents which relate to
any m atter relev ant to the
investigation are k ept in order to
prevent the removal, concealm ent,
tampering with, or destruction of
the books, records, or other
documents;
(h) Issue adjustment or divestiture
orders including orders for
corporate reorganization or
divestment in the manner and
under such term s and conditions as
provided
(i) by law;
Deputize any and all
enforcement agencies of the
government or seek the aid and
support of any private institution,
corporation, entity or association, in
the implementation of its orders
andMonitor
(j) directivcompliance
es; by the
person or entities concerned with
the cease and desist order or
consent judgment;
(k) Issue advisory opinions and
guidelines on com petition matters
for the effective enforcement of
competition laws and submit annual
and special reports to Congress,
including proposed legislation for
the regulation of commerce, trade,
or industry;
(l) Monitor and analyze the practice
of competition in markets that
affect the Philippine economy;
im plement and oversee measures
to promote transparency and
accountability; and ensure that
prohibitions and requirements of
competition laws are adhered to;
(m)Conduct, publish, and
disseminate studies and reports on
anti-competitiv e conduct and
agreem ents to inform and guide
the Act
(n) industry and
as the consumers;
official representative
of the Philippine government in
international competition matters,
and promote capacity building and
the sharing of best practices with
other competition-related bodies;
(o) Advocate pro-competitive
policies of the government by : (1)
reviewing economic and
administrative regulations, motu
proprio or upon request, as to
whether or not they adversely
affect relevant market competition,
and advising the concerned
agencies against such regulations;
and (2) advising the Executiv e
Department on the competitive
im plications of government actions,
policies and programs; and
(p) Perform such other functions as
may be provided by law.
SECTION 5 . Any three members
of the Commission shall constitute
a quorum and the affirm ative vote
of three m embers shall be
necessary for the adoption of any
rule, ruling, order, resolution,
decision, or other acts of the
Commission. Cases before the
Commission shall be decided within
one hundred twenty (120) days
from filing and its decisions m ay be
elev ated to the Federal
Administrativ e Court by appeal or
certiorari. The appeal shall not stay
the order, ruling or decision sought
to be review ed, unless the Federal
Administrativ e Court directs
otherwise.
25
Draft Article XI Federated Regions and the Autonomous Federated Regions of Bangsamoro and the Cordilleras
26
Draft Article XII Distribution of Powers of the Government
1987 Constitution Draft Provisions 27 June 2018
27
Draft Article XIII Fiscal Powers and Financial Administration
28
Local Government
29
Accountability of Public Officers
(5) No impeachment
proceedings shall be initiated
against the sam e official more
than once within a period of
one year.
30
(2) Direct, upon complaint or
at its own instance, any public
official or employee of the
Government, or any
subdivision, agency or
instrumentality thereof, as
well as of any gov ernment-
owned or controlled
corporation with original
charter, to perform and
expedite any act or duty
required by law, or to stop,
prevent, and correct any
abuse or impropriety in the
performance of duties.
31
National Economy and Patrimony
SECTION 1.
32
SECTION 6 . The use of SECTIO N 14. The use of
property bears a social property bears a social
function, and all economic function, and all economic
agents shall contribute to the agents shall contribute to the
common good. Individuals and common good. Qualified
private groups, including individuals and private groups,
corporations, cooperatives, and including corporations,
similar collective organizations, cooperatives, and sim ilar
shall have the right to own, collective organizations, shall
establish, and operate have the right to own,
economic enterprises, subject establish, and operate
to the duty of the State to economic enterprises, subject
promote distributiv e justice and to the duty of the State to
to interv ene when the common promote distributive justice and
good so demands. to intervene when the common
SECTION 7 . Save in cases of good so N
SECTIO demands.
6. Except as
hereditary succession, no provided by federal law or in
private lands shall be cases of hereditary succession,
transferred or conv eyed except no private lands shall be
to individuals, corporations, or transferred or conveyed except
associations qualified to acquire to individuals, corporations, or
or hold lands of the public associations qualified to acquire
domain. or hold lands of the public
SECTION 8 . Notwithstanding SECTIOdomain. N 7. Notwithstanding
the prov isions of Section 7 of the provisions of Section 3 of
this Article, a natural- born this Article, a natural-born
citizen of the Philippines who citizen of the Philippines who
has lost his Philippine has lost his Philippine
citizenship may be a transferee citizenship may be a transferee
of private lands, subject to of private lands, subject to
lim itations provided by law . limitations prov ided by law.
SECTIO N 8. Congress shall
enact a comprehensive federal
land use policy that shall
provide the minimum standards
for the F ederated Regions in
the rational, holistic, and just
allocation, utilization,
development and management
of the country’s land and water
resources, including the
regulation of such activities that
bear impact on said resources.
Regional Assemblies m ay
legislate other standards in the
pursuit of its activities, provided
that they are not below the
minim um standards set forth in
the policy .
SECTION 9 . The Congress
may establish an independent
economic and planning agency
headed by the President, which
shall, after consultations w ith
the appropriate public agencies,
various private sectors, and
local government units,
recom mend to Congress, and
implement continuing
integrated and coordinated
programs and policies for
national development. Until the
Congress provides otherwise,
the National Econom ic and
Developm ent Authority shall
function as the independent
planning agency of the
government.
SECTION 1 0. The Congress
shall, upon recom mendation of
the economic and planning
agency, when the national
interest dictates, reserv e to
citizens of the Philippines or to
corporations or associations at
least sixty per centum of whose
capital is owned by such
citizens, or such higher
percentage as Congress may
prescribe, certain areas of
investments. The Congress
shall enact measures that will
encourage the formation and
operation of enterprises whose
capital is w holly owned by
Filipinos.
In the grant of rights,
privileges, and concessions
covering the national economy
and patrimony, the State shall
give preference to qualified
Filipinos.
The State shall regulate and SECTIO N 15. The F ederal
exercise authority ov er foreign Republic shall regulate and
investments within its national exercise authority over foreign
jurisdiction and in accordance inv estments in accordance with
with its national goals and its national goals and priorities
priorities. and the general welfare of the
people. In the grant of rights,
priv ileges, and concessions
covering the national econom y
and patrimony, preference shall
be given to qualified Filipinos.
SECTION 1 1. No franchise, SECTIO N 13. No franchise,
certificate, or any other form of certificate, or any other form of
authorization for the operation authorization for the operation
of a public utility shall be of a public utility shall be
granted except to citizens of granted ex cept to citizens of
the Philippines or to the Philippines or to
corporations or associations corporations or associations
organized under the laws of the organized under the law s of the
Philippines at least sixty per Philippines, at least six ty
centum of whose capital is percent of w hose voting capital
owned by such citizens, nor stocks are ow ned by such
shall such franchise, certificate, citizens; nor shall such
or authorization be exclusive in franchise, certificate, or
character or for a longer period authorization be exclusive in
than fifty years. Neither shall character for a period longer
any such franchise or right be than twenty-five years
granted except under the renew able for another twenty-
condition that it shall be subject fiv e years. Neither shall any
to amendment, alteration, or such franchise or right be
repeal by the Congress w hen granted ex cept under the
the common good so requires. condition that it shall be subject
The State shall encourage to amendment, alteration, or
equity participation in public repeal by the Congress when
utilities by the general public. the common good so requires.
The participation of foreign The State shall encourage
investors in the governing body equity participation in public
of any public utility enterprise utilities by the general public.
shall be limited to their The participation of foreign
proportionate share in its inv estors in the governing body
capital, and all the executive of any public utility enterprise
and managing officers of such shall be limited and
corporation or association must proportionate to their voting
be citizens of the Philippines. capital and all the executive
and managing officers of such
corporation or association must
Congress may by law change
be citizens of the Philippines.
the v oting capital requirement
and period of the franchise
under this section considering
the interest of the people
especially national security .
SECTION 1 2. The State shall SECTIO N 18. The State shall
promote the preferential use of promote the preferential use of
Filipino labor, domestic Filipino labor, domestic
materials and locally produced materials, and locally produced
goods, and adopt measures goods, and adopt measures
that help make them that help m ake them
competitive.
SECTION 1 3. The State shall competitive.
SECTIO N 19. The State shall
pursue a trade policy that pursue a trade policy that
serves the general w elfare and serves the general welfare and
utilizes all form s and utilizes all forms and
arrangements of exchange on arrangements of exchange on
the basis of equality and the basis of equality and
reciprocity.1 4. The sustained
SECTION reciprocity.
SECTIO N 20. The sustained
development of a reservoir of development of a reservoir of
national talents consisting of national talents consisting of
Filipino scientists, Filipino scientists,
entrepreneurs, professionals, entrepreneurs, artists,
managers, high-lev el technical professionals, manager s, high-
manpower and skilled workers level technical manpower, and
and craftsm en in all fields shall skilled workers and craftsmen
be prom oted by the State. The in all fields shall be promoted
State shall encourage by the State. The State shall
appropriate technology and encourage appropriate
regulate its transfer for the technology and regulate its
national benefit. transfer for the national benefit.
The practice of all professions SECTIO N 21. The practice of
in the Philippines shall be all professions in the Philippines
lim ited to Filipino citizens, save shall be limited to F ilipino
in cases prescribed by law . citizens except for those
covered by International
Agreements with reciprocity
features and those prescr ibed
SECTION 1 5. The Congress by F ederal
SECTIO law . The Congress
N 17.
shall create an agency to shall promote and protect the
promote the viability and viability and growth of
growth of cooperatives as cooperatives as instruments for
instruments for social justice social justice and economic
and economic development. development.
SECTION 1 6. The Congress SECTIO N 22. The Congress
shall not, except by general shall not, except by general
law, prov ide for the formation, law, provide for the formation,
organization, or regulation of organization, or regulation of
private corporations. priv ate corporations.
Government-owned or Government-owned or
controlled corporations may be controlled corporations may be
created or established by created or established by
special charters in the interest special charters in the interest
of the common good and of the common good and
subject to the test of economic subject to the tests of economic
viability.
SECTION 1 7. In tim es of viability.
SECTIO N 16. In times of
national emergency, when the national emergency or w hen
public interest so requires, the the public interest or national
State may, during the security so requires, the State
emergency and under may, during the emergency and
reasonable terms prescribed by under reasonable terms
it, temporarily take over or prescr ibed by it, temporarily
direct the operation of any take over or direct the
privately ow ned public utility or operation of any privately-
business affected w ith public ow ned public utility or business
interest. affected w ith public interest.
SECTION 1 8. The State may, SECTIO N 23. The State may ,
in the interest of national in the inter est of national
welfare or defense, establish welfar e or defense, establish
and operate vital industries and operate vital industries
and, upon payment of just and, upon payment of just
compensation, transfer to compensation, transfer to
public ow nership utilities and public ownership utilities and
other private enterprises to be other private enterprises to be
operated by the Government. operated by the Government.
SECTION 1 9. The State shall SECTIO N 11. The F ederal and
regulate or prohibit monopolies Regional gov ernments shall
when the public interest so regulate and prohibit
requires. No combinations in monopolies when the public
restraint of trade or unfair interest so requires. No
competition shall be allow ed. combinations in restraint of
trade or unfair competition shall
SECTION 2 0. The Congress be allow ed.
SECTIO N 25. An independent
shall establish an independent central monetary authority shall
central monetary authority, the provide policy direction in the
members of whose governing areas of money, banking, and
board must be natural-born credit. It shall have superv ision
Filipino citizens, of k nown ov er the operations of banks
probity, integrity, and and exercise such regulatory
patriotism, the majority of powers as may be provided by
whom shall come from the law over the operations of
private sector. They shall also finance companies and other
be subject to such other institutions performing similar
qualifications and disabilities as functions.
may be prescribed by law . The
authority shall provide policy
direction in the areas of money,
banking, and credit. It shall
have superv ision over the
operations of banks and
exercise such regulatory
powers as may be provided by
law ov er the operations of
finance companies and other
institutions performing
Until the Congress similar
otherwise
functions.
provides, the Central Bank of
the Philippines, operating under
existing laws, shall function as
the central monetary authority.
SECTION 2 1. F oreign loans SECTIO N 24. Foreign loans by
may only be incurred in the F ederal and Regional
accordance with law and the governments may only be
regulation of the monetary incurred in accordance w ith
authority . Information on federal law and the prior
foreign loans obtained or concurrence of the M onetary
guaranteed by the Gov ernment Board of the Bangko Sentral ng
shall be made available to the Pilipinas. Information on foreign
public. loans obtained or guaranteed
by the Government shall be
made av ailable to the public.
SECTION 2 2. Acts w hich SECTIO N 26. Acts which
circumvent or negate any of circumvent or negate any of
the prov isions of this Article the provisions of this Article
shall be considered inimical to shall be considered inimical to
the national interest and the national interest and
subject to criminal and civ il subject to criminal and civil
sanctions, as may be provided sanctions, as may be provided
by law . by law.
33
Social Justice and Human Rights
SECTION 1.
34
SECTION 17.
SECTION 1 8. The
Commission on Human Rights
shall have the follow ing
powers and functions:
(1) Investigate, on its own or
on complaint by any party, all
forms of human rights
violations involving civil and
political rights;
35
The Family
(3) The right of the family to a (c) The right of the family to a
family living wage and income; family living wage and income;
and and
(4) The right of families or family (d) The right of families or family
associations to participate in the associations to participate in the
planning and implementation of planning and implementation of
policies and programs that affect policies and programs that affect
them. them.
SECTION 4. The family has the SECTION 4. The family has the
duty to care for its elderly duty to care for its elderly
members but the State may also members, but the Federal Republic
do so through just programs of may also do so through just
social security. programs of social security.
36
Education, Science and Technology, Arts, Culture, and Sports
Education
(5) Prov ide adult citizens, the (e) Provide adult citizens, persons
disabled, and out-of-school youth with disability, and out- of-school
with training in civics, vocational youth with training in civics,
efficiency, and other skills. vocational efficiency, and other
skills.
SECTION 3. SECTION 3.
SECTION 4. SECTION 4.
(1) The State shall take into (a) The Federal Republic shall
account regional and sectoral take into account regional and
needs and conditions and shall sectoral needs and conditions and
encourage local planning in the shall encourage local planning in
development of educational the development of educational
policies and programs. policies and programs.
(3) Every citizen has a right to (c) Ev ery citizen has a right to
select a profession or course of select a profession or course of
study , subject to fair, reasonable, study , subject to fair, reasonable,
and equitable admission and and equitable admission and
academic requirements. academic requirements.
(4) The State shall enhance the (d) The Federal Republic shall
right of teachers to professional enhance the right of teachers to
advancement. Non-teaching professional adv ancement and
academic and non-academic protect non-teaching academic
personnel shall enjoy the and non-academic personnel.
protection of the State.
(5) The State shall assign the (e) The Federal Republic shall
highest budgetary priority to assign the highest budgetary
education and ensure that priority to education and ensure
teaching will attract and retain its that teaching will attract and
rightful share of the best available retain its rightful share of the
talents through adequate best available talents through
remuneration and other means of adequate remuneration and other
job satisfaction and fulfillment. means of job satisfaction and
fulfillment.
Language
SECTION 6.
SECTION 10.
37
SECTION 1 3. The State shall SECTION 1 3. The Federal
protect and secure the exclusive Republic shall protect and secure
rights of scientists, inv entors, the exclusive rights of scientists,
artists, and other gifted citizens inventors, artists, and other gifted
to their intellectual property and citizens to their intellectual
creations, particularly when property and creations.
beneficial to the people, for such
period as may be prov ided by
law. Arts and Culture
SECTION 14.
(1) The State shall ensure equal (a) The Federal Republic shall
access to cultural opportunities ensure equal access to cultural
through the educational system, opportunities through the
public or private cultural entities, educational system, public or
scholarships, grants and other private cultural entities,
incentives, and community scholarships, grants and other
cultural centers, and other public incentives, and community
venues. cultural centers, and other public
venues.
(2) The State shall encourage and (b) The Federal Republic shall
support researches and studies encourage and support
on the arts and culture. researches and studies on the
arts and culture.
Sports
(1) The State shall promote (a) The Federal Republic and its
physical education and encourage Federated R egions shall promote
sports programs, league physical education, and
competitions, and am ateur encourage sports programs,
sports, including training for league competitions, and amateur
international competitions, to sports, including training for
foster self-discipline, teamwork, international competitions, to
and excellence for the foster self- discipline, teamw ork,
development of a healthy and and excellence for the
alert citizenry. development of a healthy and
alert citizenry.
38
General Provisions
39
Amendments or Revisions
40
National Security and Public Order
41
Transitory Provisions
SECTION 3. All existing laws, decrees, (b) There shall be a search committee to
executive orders, proclamations, letters be headed by the Chairperson of the
of instructions, and other executive Federal Civil Service Commission, and
issuances not inconsistent with this four (4) other members representing the
Constitution shall remain operative until academe, business, marginalized
amended, repealed, or revoked. sectors, and women. The President shall
appoint the members of the committee.
The committee shall search, screen, and
recommend members of the Federal
Transition Commission. The President
shall appoint the members of the
Federal Transition Commission from the
list submitted by the search committee.
SECTION 6. The incumbent President (f) All the living past Presidents may be
shall continue to exercise legislative consulted by the Transition Commission.
powers until the first Congress is
convened.
SECTION 7. Until a law is passed, the (g) The Federal Transition Commission
President may fill by appointment from a shall complete its mandate by June 30,
list of nominees by the respective 2022.
sectors the seats reserved for sectoral
representation in paragraph (2), Section
5 of Article VI of this Constitution.
SECTION 8. Until otherwise provided SECTION 2. The Federal Transition
by the Congress, the President may Commission shall have the following
constitute the Metropolitan Authority to powers and duties:
be composed of the heads of all local
government units comprising the
Metropolitan Manila area.
SECTION 9. A sub-province shall (a) To formulate and adopt a transition
continue to exist and operate until it is plan for the orderly shift to the new
converted into a regular province or until system of government as provided for in
its component municipalities are this Constitution. The transition plan
reverted to the mother province. shall be published in the Official Gazette
and in at least two (2) newspapers of
general circulation, and any digital
platform chosen by the Transition
Commission;
SECTION 10. All courts existing at the (b) For the proper execution of the
time of the ratification of this transition plan, it shall promulgate the
Constitution shall continue to exercise necessary rules, regulations, orders,
their jurisdiction, until otherwise decrees, proclamations, and other
provided by law. The provisions of the issuances, do all acts to implement the
existing Rules of Court, judiciary acts, same, and resolve all issues and
and procedural laws not inconsistent disputes that may arise therefrom;
with this Constitution shall remain
operative unless amended or repealed
by the Supreme Court or the Congress.
SECTION 11. The incumbent Members (c) To organize, reorganize and fully
of the Judiciary shall continue in office establish the Federal Government and
until they reach the age of seventy the governments of the Federated
years or become incapacitated to Regions, in accordance with this
discharge the duties of their office or are Constitution;
removed for cause.
SECTION 12. The Supreme Court shall, (d) To exercise all powers necessary and
within one year after the ratification of proper to ensure a smooth, speedy and
this Constitution, adopt a systematic successful transition.
plan to expedite the decision or
resolution of cases or matters pending in
the Supreme Court or the lower courts
prior to the effectivity of this
Constitution. A similar plan shall be
adopted for all special courts and quasi-
judicial bodies.
SECTION 13. The legal effect of the SECTION 3. The transition plan shall
lapse, before the ratification of this include the following:
Constitution, of the applicable period for
the decision or resolution of the cases or
matters submitted for adjudication by
the courts, shall be determined by the
Supreme Court as soon as practicable.
SECTION 14. The provisions of (a) The respective transition plans for
paragraphs (3) and (4), Section 15 of the different branches of the Federal
Article VIII of this Constitution shall Government, the independent
apply to cases or matters filed before Constitutional Bodies, the Federated
the ratification of this Constitution, when Regions and other component units;
the applicable period lapses after such
ratification.
SECTION 15. The incumbent Members (b) The fiscal management and
of the Civil Service Commission, the administration plan including, but not
Commission on Elections, and the limited to, generation of revenue and
Commission on Audit shall continue in resources and their appropriation,
office for one year after the ratification allocation, and expenditure;
of this Constitution, unless they are
sooner removed for cause or become
incapacitated to discharge the duties of
their office or appointed to a new term
thereunder. In no case shall any
Member serve longer than seven years
including service before the ratification
of this Constitution.
SECTION 16. Career civil service (c) The establishment of mechanisms
employees separated from the service for people’s participation in the
not for cause but as a result of the transition.
reorganization pursuant to Proclamation
No. 3 dated March 25, 1986 and the
reorganization following the ratification
of this Constitution shall be entitled to
appropriate separation pay and to
retirement and other benefits accruing
to them under the laws of general
application in force at the time of their
separation. In lieu thereof, at the option
of the employees, they may be
considered for employment in the
Government or in any of its subdivisions,
instrumentalities, or agencies, including
government-owned or controlled
corporations and their subsidiaries. This
provision also applies to career officers
whose resignation, tendered in line with
the existing policy, had been accepted.
SECTION 17. Until the Congress SECTION 4. The Federal Transition
provides otherwise, the President shall Commission shall ensure people’s
receive an annual salary of three participation by involving faith-based,
hundred thousand pesos; the Vice- civil society, indigenous peoples,
President, the President of the Senate, sectoral, non-government and other
the Speaker of the House of community based organizations in the
Representatives, and the Chief Justice of transition, especially in the selection and
the Supreme Court, two hundred forty screening of appointees to the new
thousand pesos each; the Senators, the government.
Members of the House of
Representatives, the Associate Justices
of the Supreme Court, and the Chairmen
of the Constitutional Commissions, two
hundred four thousand pesos each; and
the Members of the Constitutional
Commissions, one hundred eighty
thousand pesos
SECTION 18. Ateach.
the earliest possible SECTION 5. The first national, regional
time, the Government shall increase the and local elections under this Federal
salary scales of the other officials and Constitution to elect the President, Vice
employees of the National Government. President, Regional Senators, District
Representative, Proportional Party
Representative, regional and local
officials shall be on the 2nd Monday of
May 2022. They shall assume office at
noon on June 30, 2022.
SECTION 19. All properties, records, SECTION 6. The term of the President
equipment, buildings, facilities, and and Vice-President, which shall end on
other assets of any office or body June 30, 2022, shall not be extended.
abolished or reorganized under
Proclamation No. 3 dated March 25,
1986 or this Constitution shall be
transferred to the office or body to
which its powers, functions, and
responsibilities
SECTION 20. substantially pertain.
The first Congress shall SECTION 7. All laws, decrees,
give priority to the determination of the executive orders, proclamations, rules,
period for the full implementation of free regulations, letters of instructions, and
public secondary education. other executive and judicial issuances
not inconsistent with this Federal
Constitution shall remain valid until
SECTION 21. The Congress shall amended or8.repealed.
SECTION All officials of the
provide efficacious procedures and government under the 1987 Constitution
adequate remedies for the reversion to shall continue to hold their office and
the State of all lands of the public exercise their respective powers and
domain and real rights connected duties under such terms and conditions
therewith which were acquired in as may be provided in the transition
violation of the Constitution or the public plan.
land laws, or through corrupt practices.
No transfer or disposition of such lands
or real rights shall be allowed until after
the lapse of one year from the
ratification 22.
SECTION of this
At Constitution.
the earliest possible SECTION 9. Permanent employees of
time, the Government shall expropriate the government separated from service
idle or abandoned agricultural lands as as a result of the reorganization of
may be defined by law, for distribution government shall be entitled to
to the beneficiaries of the agrarian separation pay, early retirement pay or
reform program. retirement pay, or other appropriate
benefits accruing to them under existing
laws. In lieu thereof, at the option of the
employees, they may be considered for
employment in the Federal Government,
the Regional Government or in any of its
subdivisions, instrumentalities, or
agencies, including government-owned
or controlled corporations and their
subsidiaries in accordance with the
existing civil service laws, the corporate
charters of these corporations, and
other relevant statutes.
SECTION 23. Advertising entities SECTION 10. All properties, records,
affected by paragraph (2), Section 11 of equipment, buildings, facilities, and
Article XVI of this Constitution shall have
other assets of any office or body
five years from its ratification to complyabolished or reorganized under this
on a graduated and proportionate basis Constitution shall be transferred to the
with the minimum Filipino ownership office or body to which its powers,
requirement therein. functions, and responsibilities
SECTION 24. Private armies and other substantially pertain.
armed groups not recognized by duly
constituted authority shall be
dismantled. All paramilitary forces
including Civilian Home Defense Forces
not consistent with the citizen armed
force established in this Constitution,
shall be dissolved or, where appropriate,
converted into the regular force.
SECTION 25. After the expiration in
1991 of the Agreement between the
Republic of the Philippines and the
United States of America concerning
Military Bases, foreign military bases,
troops, or facilities shall not be allowed
in the Philippines except under a treaty
duly concurred in by the Senate and,
when the Congress so requires, ratified
by a majority of the votes cast by the
people in a national referendum held for
that purpose, and recognized as a treaty
by the other contracting State.
SECTION 26. The authority to issue
sequestration or freeze orders under
Proclamation No. 3 dated March 25,
1986 in relation to the recovery of ill-
gotten wealth shall remain operative for
not more than eighteen months after
the ratification of this Constitution.
However, in the national interest, as
certified by the President, the Congress
may extend said period.
A sequestration or freeze order shall be
issued only upon showing of a prima
facie case. The order and the list of the
sequestered or frozen properties shall
forthwith be registered with the proper
court. For orders issued before the
ratification of this Constitution, the
corresponding judicial action or
proceeding shall be filed within six
months from its ratification. For those
issued after such ratification, the judicial
action or proceeding shall be
commenced within six months from the
issuance thereof.
The sequestration or freeze order is
deemed automatically lifted if no judicial
action or proceeding is commenced as
herein provided.
SECTION 27. This Constitution shall
take effect immediately upon its
ratification by a majority of the votes
cast in a plebiscite held for the purpose
and shall supersede all previous
Constitutions.
Ratified: February 2, 1987
42