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Numbers Sheet Name Numbers Table Name


Preamble
Preamble
National Territory
Article INational Territory
Declaration of Principles and State
Declaration of Principles and State
Bill of Rights
Bill of Rights
Citizenship
Citizenship
Suffrage
Suffrage
People’s Initiative, Plebiscite, and
New ArticlePeople’s Initiative,
The Legislative Department
The Legislative Department
Executive Department
Executive Department
Judicial Department
Judicial Department
Constitutional Commissions
Constitutional Commissions
Draft Article XI
Draft Article XI Federated Regions
Draft Article XII
Draft Article XII Distribution of
Draft Article XIII
Draft Article XIII Fiscal Powers
Local Government
Local Government
Accountability of Public Officers
Accountability of Public Officers
National Economy and Patrimony
National Economy and Patrimony
Social Justice and Human Rights
Social Justice and Human Rights
The Family
The Family
Education, Science and
Education, Science and
General Provisions
General Provisions
Amendments or Revisions
Amendments or Revisions
National Security and Public Order
National Security and Public Order
Transitory Provisions
Transitory Provisions
as converted to an Excel worksheet. All
rate worksheets. Please be aware that

Excel Worksheet Name

Preamble - Preamble

National Territory - Article I

Declaration of Principles and S

Bill of Rights - Bill of Rights

Citizenship - Citizenship

Suffrage - Suffrage

People’s Initiative, Plebiscite

The Legislative Department - Th

Executive Department - Executiv

Judicial Department - Judicial

Constitutional Commissions - Co

Draft Article XI - Draft Articl

Draft Article XII - Draft Artic

Draft Article XIII - Draft Arti

Local Government - Local Govern

Accountability of Public Office

National Economy and Patrimony

Social Justice and Human Rights

The Family - The Family


Education, Science and Technolo

General Provisions - General Pr

Amendments or Revisions - Amend

National Security and Public Or

Transitory Provisions - Transit


Preamble

1987 Constitution Draft Provisions Comments


27 June 2018
We, the sovereign Filipino people, We, the sovereign Filipino people,
imploring the aid of Almighty God, in imploring the aid of Almighty God, to
order to build a just and humane build a permanent and indissoluble
society and establish a Government nation and establish a just, humane,
that shall embody our ideals and united, and progressive society under
aspirations, promote the common a government that shall embody our
good, conserve and develop our shared ideals and aspirations,
patrimony, and secure to ourselves promote the common good, conserve
and our posterity the blessings of and develop our patrimony, and
independence and democracy under secure to ourselves and our posterity
the rule of law and a regime of truth, the blessings of independence and
justice, freedom, love, equality, and democracy under the rule of law and
peace, do ordain and promulgate this a regime of truth, justice, freedom,
Constitution. love, equality, and peace, do ordain
and promulgate this Constitution of
the Federal Republic of the
Philippines.

5
Article INational Territory

1987 Constitution Draft Provisions


27 June 2018
The national territory comprises the SECTION 1. The Philippines has
Philippine archipelago, with all the sovereignty over its territory, consisting
islands and waters embraced therein, of the islands and waters encompassed
and all other territories over which the by its archipelagic baselines, its
Philippines has sovereignty or territorial sea, the seabed, the subsoil,
jurisdiction, consisting of its terrestrial, the continental shelf, and its airspace. It
fluvial, and aerial domains, including its has sovereignty over islands and
territorial sea, the seabed, the subsoil, features outside its archipelagic
the insular shelves, and other submarine baselines pursuant to the laws of the
areas. The waters around, between, and Federal Republic, the law of nations and
connecting the islands of the the judgments of competent
archipelago, regardless of their breadth international courts or tribunals. It
and dimensions, form part of the likewise has sovereignty over other
internal waters of the Philippines. territories belonging to the Philippines by
historic
SECTION right
2.or legal
The title.
Philippines has
sovereign rights over that maritime
expanse beyond its territorial sea to the
extent reserved to it by international
law, as well as over its extended
continental shelf, including the Philippine
Rise. Its citizens shall enjoy the right to
all resources within these areas.

6
Declaration of Principles and State Policies

1987 Constitution Draft Provisions


27 June 2018
Principles
SECTION 1. The Philippines is a SECTION 1. The Philippines is
democratic and republican State. a democratic and republican
Sovereignty resides in the people State. Sovereignty resides in the
and all government authority people and all government
emanates from them. authority emanates from them.
The Republic shall uphold
federalism, national unity, and
territorial integrity.
SECTION 2. The Philippines SECTION 2. The Philippines
renounces war as an instrument of renounces war as an instrument
national policy, adopts the of national policy, adopts the
generally accepted principles of generally accepted principles of
international law as part of the law international law as a part of the
of the land and adheres to the law of the land, and adheres to
policy of peace, equality, justice, the policy of peace, equality,
freedom, cooperation, and amity justice, freedom, cooperation,
with all nations. and amity with all nations.
SECTION 3. Civilian authority is, SECTION 3. Civilian authority
at all times, supreme over the is, at all times, supreme over
military. The Armed Forces of the the military. The Government is
Philippines is the protector of the the protector of the people and
people and the State. Its goal is to the Federal Republic. The
secure the sovereignty of the Armed Forces of the Philippines
State and the integrity of the shall secure the sovereignty of
national territory. the Republic and the integrity of
its national territory. The
Government may call upon the
people to defend the Federal
Republic and render personal
military or civil service, under
conditions provided by federal
law.
SECTION 4. The prime duty of
the Government is to serve and
protect the people. The
Government may call upon the
people to defend the State and, in
the fulfillment thereof, all citizens
may be required, under conditions
provided by law, to render
personal military or civil service.
SECTION 5. The maintenance of SECTION 4. The recognition of
peace and order, the protection of fundamental freedoms, the
life, liberty, and property, and the observance of the rule of law,
promotion of the general welfare and the promotion of
are essential for the enjoyment by sustainable human development
all the people of the blessings of are essential for the enjoyment
democracy. by the people of the benefits of
a democratic republican federal
government.
SECTION 6. The separation of SECTION 5. The separation of
Church and State shall be the church and the State shall
inviolable. be inviolable.
Relations between them shall be
governed by benevolent
neutrality.

State Policies

SECTION 7. The State shall SECTION 6. The Federal


pursue an independent foreign Republic shall pursue an
policy. In its relations with other independent foreign policy. In
states the paramount establishing relations with other
consideration shall be national States, its paramount
sovereignty, territorial integrity, consideration shall be national
national interest, and the right to sovereignty, territorial integrity,
self-determination. national interest, and the right
to self-determination.
SECTION 8. The Philippines, SECTION 7. The Philippines,
consistent with the national consistent with the national
interest, adopts and pursues a interest, adopts and pursues a
policy of freedom from nuclear policy of freedom from weapons
weapons in its territory. of mass destruction in its
territory.
SECTION 8. The Federal
Republic shall maintain honesty,
integrity, and efficiency in the
public service and take positive,
effective, deterrent, and
punitive measures against graft
and corruption.
SECTION 9. The Federal
Republic, hereby adopts and
implements a policy of full
public disclosure of all its
transactions involving public
interest.
SECTION 10. The Federal
Republic and its
instrumentalities shall, at all
times, maintain the highest
quality of governance, integrity,
transparency, and
SECTION 9. The State shall accountability.
SECTION 11. The Federal
promote a just and dynamic social Republic shall promote a just
order that will ensure the and dynamic social order that
prosperity and independence of will ensure the prosperity and
the nation and free the people independence of the nation and
from poverty through policies that free the people from poverty
provide adequate social services, through policies that provide
promote full employment, a rising adequate social services,
standard of living, and an promote full employment, a
improved quality of life for all. rising standard of living befitting
human dignity, and an improved
quality of life for all.
SECTION 10. The State shall SECTION 12. The Federal
promote social justice in all phases Republic shall promote social
of national development. justice in all phases of national
development.
SECTION 11. The State values SECTION 13. The Federal
the dignity of every human person Republic values the dignity of
and guarantees full respect for every human person and
human rights. guarantees full respect for the
human person and the right of
all citizens to participate in all
government processes.
SECTION 12. The State SECTION 14. The Federal
recognizes the sanctity of family Republic recognizes the sanctity
life and shall protect and of family life and shall protect
strengthen the family as a basic and strengthen the family as a
autonomous social institution. It basic autonomous social
shall equally protect the life of the institution. It shall equally
mother and the life of the unborn protect the life of the mother
from conception. The natural and and the life of the unborn from
primary right and duty of parents conception. The natural and
in the rearing of the youth for civic primary right and duty of
efficiency and the development of parents in the rearing of the
moral character shall receive the youth for civic efficiency and the
support of the Government. development of moral character
shall receive the support of the
SECTION 13. The State government.
SECTION 15. The Federal
recognizes the vital role of the Republic recognizes the vital
youth in nation-building and shall role of the youth in nation-
promote and protect their building and shall promote and
physical, moral, spiritual, protect their physical, moral,
intellectual, and social well-being. spiritual, intellectual, and social
It shall inculcate in the youth well-being. It shall inculcate in
patriotism and nationalism, and the youth patriotism and
encourage their involvement in nationalism, and encourage
public and civic affairs. their constructive involvement in
public and civic affairs.
SECTION 14. The State SECTION 16. The Federal
recognizes the role of women in Republic recognizes the role of
nation-building, and shall ensure women in nation-building and in
the fundamental equality before all aspects of national life, and
the law of women and men. shall ensure the fundamental
equality of women and men
before the law.
SECTION 15. The State shall SECTION 17. The Federal
protect and promote the right to Republic shall protect and
health of the people and instill promote the right to health of
health consciousness among the people and instill health
them. consciousness among them.
SECTION 16. The State shall SECTION 18. The Federal
protect and advance the right of Republic shall protect and
the people to a balanced and advance the right of the people
healthful ecology in accord with to a balanced and healthful
the rhythm and harmony of ecology in accord with the
nature. rhythm and harmony of nature.
SECTION 17. The State shall give SECTION 19. The Federal
priority to education, science and Republic shall give priority to
technology, arts, culture, and education, science and
sports to foster patriotism and technology, arts, culture, and
nationalism, accelerate social sports to foster patriotism and
progress, and promote total nationalism, accelerate social
human liberation and progress, and promote total
development. human dignity, security,
liberation, and development.
SECTION 18. The State affirms SECTION 20. The Federal
labor as a primary social economic Republic affirms labor as a
force. It shall protect the rights of primary social economic force.
workers and promote their It shall protect the rights of
welfare. workers and promote their
welfare.
SECTION 19. The State shall SECTION 21. The Federal
develop a self-reliant and Republic shall develop an
independent national economy independent and competitive
effectively controlled by Filipinos.
national economy actually and
effectively controlled by
SECTION 20. The State Filipinos.
SECTION 22. The Federal
recognizes the indispensable role Republic recognizes the
of the private sector, encourages indispensable role of the private
private enterprise, and provides sector in national development
incentives to needed investments. and encourages private
enterprise. The State shall
provide incentives to needed
investments.
SECTION 21. The State shall SECTION 23. The Federal
promote comprehensive rural Republic shall promote
development and agrarian reform. industrialization, comprehensive
rural agri-industrial
development, and genuine
agrarian reform.
SECTION 24. The Federal
Republic shall protect
consumers from trade
malpractices and from
substandard or hazardous
SECTION 22. The State products.
SECTION 25. The Federal
recognizes and promotes the Republic recognizes, promotes,
rights of indigenous cultural and protects the rights of
communities within the framework indigenous peoples within the
of national unity and development. framework of national unity and
development.
SECTION 23. The State shall SECTION 26. The Federal
encourage non-governmental, Republic shall promote civil
community-based, or sectoral society participation in the
organizations that promote the development of the welfare of
welfare of the nation. the nation.
SECTION 24. The State SECTION 27. The Federal
recognizes the vital role of Republic recognizes the vital
communication and information in role of information
nation- building. communication technology in
nation-building. It shall provide
the policy environment for the
full development of Filipino
capability and the emergence of
communication structures
suitable to the needs and
aspirations of the nation and the
balanced flow of information
into, out of, and across the
country, in accordance with a
policy that respects the freedom
of speech and of the press.
SECTION 25. The State shall SECTION 28. The Federal
ensure the autonomy of local Republic shall promote the
governments. autonomy of local government
units in accord with federalism.
SECTION 26. The State shall See Article 5 (Suffrage and
guarantee equal access to Political Rights), Section 8.
opportunities for public service,
and prohibit political dynasties as
may be defined by law.
SECTION 27. The State shall See Sections 8-10, above.
maintain honesty and integrity in
the public service and take
positive and effective measures
against graft and corruption.

7
Bill of Rights

1987 Constitution Draft Provisio ns


27 Ju ne 201 8
Civil and Political Rights

SE CTIO N 1. The rights under this article


are demandable against the State and
non-state actors and their enforcem ent
shall be consistent with international
SECTION 1 . No person shall be standards.
SE CTIO N 2. No person shall be depriv ed
deprived of life, liberty, or property of life, liberty or property without due
without due process of law, nor process of law, nor shall any person be
shall any person be denied the denied the equal protection of the law s.
equal protection of the laws.
SECTION 2 . The right of the See Section 5, below.
people to be secure in their
persons, houses, papers, and
effects against unreasonable
searches and seizures of whatever
nature and for any purpose shall be
inviolable, and no search w arrant or
warrant of arrest shall issue ex cept
upon probable cause to be
determined personally by the judge
after examination under oath or
affirmation of the complainant and
the witnesses he may produce, and
particularly describing the place to
be searched and the persons or
things to be seized.
SECTION 3.

(1) The priv acy of communication SE CTIO N 3. The right of persons to


and correspondence shall be privacy shall be inv iolable. Without lawful
inviolable except upon law ful order court order, all interference in personal
of the court, or w hen public safety and domestic relations, correspondence
or order requires otherwise as and data are proscribed.
prescribed by law .

(2) Any evidence obtained in SE CTIO N 4. Data obtained about a


violation of this or the preceding person shall be used and processed only
section shall be inadmissible for any for purposes authorized by law. A person
purpose in any proceeding. has the right to inquire from any
government office or agency the
information or data that has been
obtained, stored, or processed about
himself, and to demand, that such data
and information be corrected or deleted,
or in case of a private entity or person,
See Section 2, above. that their use
SECTION 5. be enjoined.

(a) The right of the people to be secure in


their persons, houses, papers, and effects
against unreasonable searches and
seizures of whatever nature and for any
purpose shall be inviolable, and no search
warrant or w arrant of arrest shall issue
ex cept upon probable cause to be
determined personally by the judge after
ex amination under oath or affirmation of
the complainant and the witnesses he may
produce, and particularly describing the
place to be searched and the persons or
things
(b) Thetoprohibition
be seized.against unreasonable
searches and seizure shall extend to the
conduct of unlaw ful unreasonable
surv eillance through technological,
electronic, or any other means. In addition
to the requirements for the issuance of a
search warrant, a surveillance w arrant
shall particularly describe:

1. The purpose of the surveillance and the


period within which the surveillance may
be conducted;

2. The target indiv iduals or entities and


the ty pe of information sought;

3. The m anner by which the surveillance is


to be conducted and the means to be
used, which as far as practicable shall be
limited to achieve the purpose of the
surv eillance and to acquire the type of
information sought; and

4. The period within which the applicant


may store recorded information, which
shall be consistent with the purpose of the
surv eillance.

(c) No surveillance warrant shall be


granted except upon a show ing that there
are no other reasonable means of
obtaining the information or evidence
sought in the application.

(d) The court shall specify the time for the


service of the warrant, w hich may be after
the conduct of the surv eillance. Only
information necessary to achiev e the
purpose of the warrant shall be admitted
in evidence. All other information acquired
shall be destroyed and deemed
inadmissible for any purpose in any
proceeding.

See Section 3, above. SECTION 6.

(a) The privacy of com munication in any


form shall be inviolable except upon lawful
order of the court, or when public safety
or order requires otherw ise as prescribed
by law.

(b) Any evidence obtained in violation of


Sections 4, 5 and 6 shall be inadmissible
for any purpose in any proceeding.

SECTION 4 . No law shall be SE CTIO N 7. No law shall be passed


passed abridging the freedom of abridging the freedom of speech, of
speech, of expression, or of the ex pression, or of the press, or the right of
press, or the right of the people the people peaceably to assemble and
peaceably to assemble and petition petition the government for redress of
the gov ernment for redress of grievances. For this purpose, the local
grievances. government units shall, among other
things, establish appropriate freedom
parks for the peaceful assembly of the
SECTION 5 . No law shall be made SEpeople.
CTIO N 8. No law shall be enacted that
respecting an establishment of establishes, favors or suppresses religion
religion, or prohibiting the free or its rejection; or that prohibits the free
exercise thereof. The free ex ercise ex ercise and public expression of
and enjoyment of religious fundamental religious belief. The free
profession and w orship, w ithout ex ercise and enjoyment of religious
discrimination or preference, shall profession and worship, without
forever be allowed. No religious test discrimination or preference, shall forever
shall be required for the exercise of be allowed. No religious test shall be
civ il or political rights. required for the exercise of civil or political
rights.
SECTION 6 . The liberty of abode SE CTIO N 9. The liberty of abode and of
and of changing the same within changing the same within the limits
the limits prescribed by law shall prescribed by law shall not be impaired
not be impaired except upon lawful ex cept upon lawful order of the court.
order of the court. Neither shall the Neither shall the right to trav el be
right to trav el be impaired ex cept in impaired except in the interest of national
the interest of national security, security, public safety, or public health, as
public safety, or public health, as may be provided by law .
may be provided by law.
SECTION 7 . The right of the SE CTIO N 10. The right of the people to
people to information on matters of information on matters of public concern
public concern shall be recognized. shall be recognized. Access to official
Access to official records, and to records, and to documents and papers
documents, and papers pertaining pertaining to official acts, transactions, or
to official acts, transactions, or decisions, as w ell as to government
decisions, as well as to government research data used as basis for policy
research data used as basis for development, shall be afforded the citizen,
policy dev elopment, shall be subject to such limitations as may be
afforded the citizen, subject to such provided by law .
lim itations as may be provided by
law.
SECTION 8 . The right of the SE CTIO N 11. The right of the people,
people, including those employ ed in including those employed in the public and
the public and priv ate sectors, to private sectors, to form unions,
form unions, associations, or associations, or societies for purposes not
societies for purposes not contrary contrary to law shall not be abridged.
to law shall not be abridged.
SECTION 9 . Priv ate property shall SE CTIO N 12. Priv ate property shall not
not be taken for public use without be taken for public use without just
just compensation. compensation.
SECTION 1 0. No law impairing the SE CTIO N 13. No law impairing the
obligation of contracts shall be obligation of contracts shall be passed.
passed.
SE CTIO N 14. The privilege of the writ of
habeas corpus shall not be suspended
ex cept in cases of invasion, rebellion, or
law less violence, w hen the public safety
requires it. Even when the privilege of the
writ of habeas corpus is suspended, the
privilege of the w rits of amparo and
habeas data and other protectiv e writs
may still be resorted to unless prejudicial
to public order.
SECTION 1 1. F ree access to the SE CTIO N 15. Free access to the courts
courts and quasi-judicial bodies and and quasi-judicial bodies and adequate
adequate legal assistance shall not legal assistance shall not be denied to any
be denied to any person by reason person by reason of poverty. Members of
of poverty. the Philippine Bar may be required by the
Suprem e Court to provide free assistance
to indigents before courts and quasi-
judicial bodies, and other legal services.
SECTION 12. SECTION 16.

(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.

(2) No torture, force, violence, (b) No torture, force, violence, threat,


threat, intimidation, or any other intimidation, or any other means which
means which vitiate the free will vitiate the free will shall be used against
shall be used against him. Secret him. Secret detention places, solitary,
detention places, solitary, incommunicado, or other similar forms of
incommunicado, or other similar detention are prohibited.
forms of detention are prohibited.

(3) Any confession or admission (c) Any confession or admission obtained


obtained in violation of this or in violation of this or Section 20 hereof
Section 17 hereof shall be shall be inadmissible in evidence against
inadmissible in evidence against him.
him.

(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.

SECTION 14. SECTION 18.

(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.

SECTION 1 5. The privilege of the See Section 14, above.


writ of habeas corpus shall not be
suspended except in cases of
invasion or rebellion when the
public safety requires it.
SECTION 1 6. All persons shall SE CTIO N 19. All persons shall have the
have the right to a speedy right to a speedy disposition of their cases
disposition of their cases before all before all judicial, quasi- judicial, or
judicial, quasi-judicial, or administrativ e bodies.
administrative
SECTION 1 7. bodies.
No person shall be SE CTIO N 20. No person shall be
compelled to be a w itness against compelled to be a witness against himself.
himself.
SECTION 18. SECTION 21.

(1) No person shall be detained (a) No person shall be detained solely by


solely by reason of his political reason of his political beliefs and
beliefs and aspirations. aspirations.

(2) No involuntary servitude in any (b)No involuntary servitude in any for m


form shall exist except as a shall exist ex cept as a punishment for a
punishment for a crime w hereof the crime whereof the party shall hav e been
party shall have been duly duly convicted.
convicted.

SECTION 19. SECTION 22.

(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.

(c) Persons unjustly and w rongfully


accused, convicted and imprisoned but
subsequently acquitted shall be provided
compensation by the State as provided by
law .
SECTION 2 0. No person shall be SE CTIO N 23. No person shall be
imprisoned for debt or non- imprisoned for debt or non-pay ment of a
payment of a poll tax. poll tax.
SECTION 2 1. No person shall be SE CTIO N 24. No person shall be twice
tw ice put in jeopardy of punishment put in jeopardy of punishment for the
for the same offense. If an act is same offense. If an act is punished by a
punished by a law and an federal law , regional law , or an ordinance,
ordinance, conviction or acquittal conviction or acquittal under either shall
under either shall constitute a bar constitute a bar to another prosecution for
to another prosecution for the same the same act. Prov ided, however, that
act. double jeopardy shall not attach where
the offended party is deprived of due
process or where there is a finding of
mistrial; or when the trial court acted with
grave abuse of discretion amounting to
lack or excess of jurisdiction.
SECTION 2 2. No ex post facto law SE CTIO N 25. No ex post facto law or bill
or bill of attainder shall be enacted. of attainder shall be enacted.
Social and Economic Rights

SE CTIO N 26. Every person has the right:


(a) To adequate food; (b) To univer sal
and comprehensiv e healthcare; (c) To
complete, quality education; (d) To
adequate and decent housing; and (e) To
livelihood and employ ment opportunity.
SE CTIO N 27. The F ederal Republic shall
adopt measures to guarantee the
progressive realization of these rights.
Environmental and Ecological Rights

SE CTIO N 28. Every person in ev ery


generation has to right to:
(a) To a healthful environment and a
balanced ecology, clean air, clean w ater,
clean soil, and clean surroundings;
(b) To be protected from and seek
compensation for damage to environment
and ecology that is brought about by
illegal and unsustainable exploitation of
natural resources; and
(c) To seek immediate relief from the
courts and appropr iate governmental
bodies through the writ of k alikasan and
other protective writs against activities
that threaten the environment and
ecological balance. All doubts shall be
resolved in favor of the right of the people
to a healthful and balanced ecology.

9
Citizenship

1987 Constitution Draft Provisions


27 June 2018
SECTION 1. The following SECTION 1. The following
are citizens of the Philippines: are citizens of the Philippines:
(1) Those who are citizens of (a) Those who are citizens of
the Philippines at the time of the Philippines at the time of
the adoption of this the adoption of this
Constitution; Constitution;

(2) Those whose fathers or (b) Those whose fathers or


mothers are citizens of the mothers are citizens of the
Philippines; Philippines;

(3) Those born before (c) Those born before January


January 17, 1973, of Filipino 17, 1973, of Filipino mothers,
mothers, who elect Philippine who elect Philippine
citizenship upon reaching the citizenship upon reaching the
age of majority; and age of majority; and

(4) Those who are (d) Those who are naturalized


naturalized in accordance in accordance with law
with law.
SECTION 2. Natural-born SECTION 2. Natural-born
citizens are those who are citizens are those who are
citizens of the Philippines citizens of the Philippines
from birth without having to from birth without having to
perform any act to acquire or perform any act to acquire or
perfect their Philippine perfect their Philippine
citizenship. Those who elect citizenship. Those who elect
Philippine citizenship in Philippine citizenship in
accordance with paragraph accordance with paragraph
(3), Section 1 hereof shall be (c), Section 1 hereof shall be
deemed natural-born citizens. deemed natural born citizens.
SECTION 3. Philippine SECTION 3. Philippine
citizenship may be lost or citizenship may be lost or
reacquired in the manner reacquired in the manner
provided by law. provided by law.
SECTION 4. Citizens of the SECTION 4. Citizens of the
Philippines who marry aliens Philippines who marry aliens
shall retain their citizenship, shall retain their citizenship,
unless by their act or unless by their act or
omission they are deemed, omission, they are deemed,
under the law, to have under the law, to have
renounced
SECTION 5. Dual allegiance renounced
it. SECTION 5. it. Dual allegiance
of citizens is inimical to the of citizens is inimical to the
national interest and shall be national interest and shall be
dealt with by law. dealt with by law.

10
Suffrage

1987 Constitution Draft Provisions


27 June 2018
Suffrage Suffrage and Political Rights
SECTION 1. Suffrage may be exercised SECTION 1. Suffrage may be exercised by
by all citizens of the Philippines not all citizens of the Philippines not otherwise
otherwise disqualified by law, who are at disqualified by law, who are at least
least eighteen years of age, and who shall eighteen (18) years of age, and domiciled
have resided in the Philippines for at least in the Philippines for at least one (1) year
one year and in the place wherein they and in the place wherein they propose to
propose to vote for at least six months vote for at least six (6) months immediately
immediately preceding the election. No preceding the election. No literacy,
literacy, property, or other substantive property, or other substantive requirement
requirement shall be imposed on the shall be imposed on the exercise of
exercise of suffrage. suffrage.
SECTION 2. The Congress shall provide SECTION 2. (a) The Federal Republic shall
a system for securing the secrecy and guarantee a system for securing the
sanctity of the ballot as well as a system secrecy and sanctity of the ballot as well as
for absentee voting by qualified Filipinos a system for absentee voting by qualified
abroad. Filipinos abroad. The domicile requirements
The Congress shall also design a under Section 1 hereof shall not apply to
procedure for the disabled and the Filipinos residing or working overseas who
illiterates to vote without the assistance of are qualified absentee voters, as may be
other persons. Until then, they shall be determined by federal law.
allowed to vote under existing laws and (b) The Federal Republic shall guarantee
such rules as the Commission on Elections the public nature of elections, ensure full
may promulgate to protect the secrecy of transparency and accessibility of the
the ballot. electoral process, and the verifiability and
integrity of the electoral results, regardless
of the mode of election.

SECTION 3. The Federal Congress shall


ensure the right to vote of persons in need
of assistance.
SECTION 4. The Federal Republic shall
ensure the development and strengthening
of political parties as mechanisms of citizen
representation and democratic governance.
(a) Every political party shall be registered
with the Federal Commission on Elections
which shall require that the political party
submit its constitution and by-laws,
platform, principles, policies and general
program of government, a verified list of
national officials, members of the executive
board or its equivalent, and the heads of its
regional, provincial, and highly urbanized
city chapters.
(b) Religious denominations and sects, and
political parties which seek to achieve their
goals through violence or unlawful means,
or refuse to uphold and adhere to this
Constitution, or which are supported by any
foreigner or foreign government shall not
be registered.
(c) Financial contributions from foreigners
or foreign governments and their agencies,
and unlawful sources, given to political
parties and their affiliated organizations,
political coalitions, or candidates to
influence the outcome of the election,
constitute interference in national affairs,
and shall be an additional ground for the
cancellation of their registration with the
Federal Commission on Elections, in
addition to other penalties that may be
prescribed by federal law.

SECTION 5. The Federal Republic shall


promote the development of political
parties as democratic public institutions.
(a) Political parties shall be freely
established and open to all citizens who
share the same party program, adhere to
the party constitution, and practice party
discipline.
(b) Political parties shall develop a
democratic system of internal decision-
making and allow active citizen
participation.
(c) Political parties shall observe fair,
honest, and democratic processes in
nominating and selecting party officials and
candidates for public office.
(d) Political parties shall pursue public
education and promotion of democratic
values in society.
(e) Political parties shall provide, as far as
practicable, for equal representation of
women candidates in every election.
(f) The Federal Republic shall take
affirmative action so that marginalized and
underrepresented sectors may organize
themselves into genuine political parties
with clear and detailed platforms of
government and capable representatives.
SECTION 6. The Federal Republic shall
regulate the campaign finance, both from
public and private sources, of political
parties and candidates in all elections.
(a) The Federal Congress shall update laws
on all election expenditures.
(b) Financial contributions from religious
organizations, foreigners and foreign
governments, and illegal sources are
prohibited.
(c) There shall be a Democracy Fund,
which shall serve as a repository of
campaign funds. The Federal Commission
on Elections shall administer the Democracy
Fund and promulgate rules and regulations
therefor. The Federal Commission on Audit
shall have the power, authority, and duty to
examine and audit all funds pertaining to
the Democracy Fund.
(d) Any citizen who contributes at least ten
thousand pesos (PhP 10,000.00) but not
exceeding one hundred thousand pesos
(PhP 100,000.00) to any registered political
party or presidential candidate through the
Democracy Fund shall be allowed a full
credit against income tax due for the
immediately preceding taxable year
following the elections in which such
political party or presidential candidate
participated; Provided, that such amounts
shall be subject to the proper adjustment
promulgated by the Federal Commission on
Elections.
(e) Any corporation, partnership, or
association which contributes at least one
hundred thousand pesos (PhP 100,000.00)
but not exceeding three million pesos (PhP
3,000,000.00) to any registered political
party or presidential candidate through the
Democracy Fund shall be allowed a full
credit against income tax due for the
immediately preceding taxable year
following the elections in which such
political party participated; Provided, that
such amounts shall be subject to the proper
adjustment promulgated by the Federal
Commission on Elections.
(f) A fair share of political party campaign
funds drawn from the Democracy Fund
shall be allocated for women candidates.
(g) Unless ordered by the Federal Electoral
Court, all information pertaining to the
contributors and the amount of their
contributions shall only be deemed
confidential and shall be made available
only to the Federal Commission on
Elections, the Federal Commission on Audit,
and the Internal Revenue officials for
purposes of regulation, auditing, and tax
credit, respectively
Section 7. The Federal Republic shall
ensure strong and cohesive political parties.
(a) Members of any political party elected
to public office are prohibited from
changing political parties within their term
of
(b)office.
Candidates and officials of any political
party are prohibited from changing political
party two (2) years after the election and
two (2) years before the next election.
Those who violate the foregoing provisions
shall be: (1) removed from the office to
which they have been elected; (2) barred
from appointment to any government
position for one electoral cycle; (3)
prohibited from running for public office in
the next election; (4) required to return any
party funds they used for the campaign.
The Federal Commission on Elections shall
initiate the appropriate proceedings in the
proper court.

(c) Any political party is prohibited from


accepting any of the persons above
referred to. Any violation thereof shall be a
ground for the cancellation of its
registration. No political party shall accept
any member in violation of sub-section (a)
and (b). Any violation thereof shall be a
ground for the cancellation of its
registration.
(d) Any change in the membership of any
political party arising from a violation of the
abovementioned provisions shall be
reported to the Federal Commission on
Elections.
The Federal Commission on Elections shall
ensure compliance with these provisions
and periodically require political parties to
submit an updated list of their members.
(e) No political party shall nominate more
candidates than the number of persons
required to be voted for in an elective
position, except for the proportional
representative seats in the House of
Representatives, nor shall any candidate be
allowed to accept nominations from more
than one registered political party, except in
cases of aggrupation or coalitions thereof.
SECTION 8. The Federal Republic shall
guarantee equal access to opportunities for
public service and prohibit political
dynasties to prevent the concentration,
consolidation, or perpetuation of political
power in persons related to one another.
(a) A political dynasty exists when a family
whose members are related up to the
second degree of consanguinity or affinity,
whether such relations are legitimate,
illegitimate, half, or full blood, maintains or
is capable of maintaining political control by
succession or by simultaneously running for
or holding elective positions.
(b) No person related to an incumbent
elective official within the second civil
degree of consanguinity or affinity, as
described above, can run for the same
position in the immediately following
election.
(c) Persons related within the second civil
degree of consanguinity or affinity, as
described above, are prohibited from
running simultaneously for more than one
national and one regional or local position.
However, in the event that two or more
members of the same family are running,
the member who shall be allowed to be a
candidate shall be determined by the
drawing
(d) of lots. Congress may, by law,
The Federal
provide for additional prohibitions.

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;

(b) A proposal to amend the


Constitution shall be accompanied
by the signature of voters
representing at least twelve
percent (12%) of the votes cast in
the last preceding national
elections, of which every federated
region must be represented by at
least three percent (3%) of the
signatures of such voters;

(c) A proposal to enact, amend or


reject a Federal Law must be
accompanied by the signature of
voters representing at least ten
percent (10%) of the votes cast in
the last preceding national
elections, of which every federated
region must be represented by at
least three percent (3%) of the
signatures of such voters.

(d) The Federal Commission on


Elections shall simultaneously
verify the signatures of the voters
endorsing the initiative.

SECTION 4. Upon determination


that the petition to enact, amend,
repeal a federal law, or revise or
amend the Constitution has
complied with the requirements of
the preceding sections, the Federal
Commission on Elections shall set
the date for the conduct of the
plebiscite to be held not earlier
than six months (6) therefrom.
Upon determination that the
petition to enact, amend or repeal
a federal law has complied with
the requirements of the preceding
sections, the Federal Commission
on Elections may refer the
proposed initiative measure to the
Federal Constitutional Court for
determination whether the
proposal suffers from constitutional
infirmity. If the Federal
Constitutional Court issues a
determination that the proposal
does not suffer from any
constitutional infirmity, the Federal
Commission On Elections shall
certify the measure and submit it
to a plebiscite or referendum in
the next succeeding national
election, provided, that the
schedule is not earlier than six (6)
months from such certification. If
no national election is scheduled
within one (1) year from the
certification of the proposed
measure, the Federal Commission
on Elections may proceed to set
the schedule
SECTION 5. of a referendum.
During the period for
the conduct of plebiscite or
referendum, the Federal
Commission on Elections shall
ensure the public dissemination of
information on the proposed
initiative measure, which shall
include the following:
(a) Production and distribution, as
far as practicable, to the registered
voters of pamphlets containing the
title of the proposed measure, its
full text, and its summary;
(b) Publication of the proposed
measure and its summary in three
newspapers of national circulation,
and any appropriate digital
platform for at least three
consecutive weeks prior to the
plebiscite or referendum;
(c) Adequate time for airing of
broadcast materials on the
proposed measure in major
national television networks and
radio stations, all within two
months prior to the conduct of the
plebiscite or referendum, subject
to proper adjustment by the
Federal Commission on Elections;
(d) Holding of non-partisan
people’s assembly or public forum
on the proposed measure at least
once in every province and highly
urbanized city.
SECTION 6. A people’s initiative
proposal shall be deemed adopted
if approved by a majority of the
votes cast in the plebiscite or
referendum and subject to the
further requirement that majority
of the Federated Regions also
voted for its approval, as certified
to by the Commission on Elections.
It shall take effect fifteen (15)
days from the issuance of such
certification.
SECTION 7. No revision of or
amendment to the Constitution
shall be allowed within five (5)
years from its enactment, or more
often than once every five (5)
years thereafter.
SECTION 8. No amendment or
repeal of a statute adopted
through people’s initiative shall be
allowed within one year from its
effectivity and except upon a two-
thirds (2/3) vote of all the
members of the Senate and the
House of Representatives voting
separately.
SECTION 9. Within two (2) years
from the adoption of this
Constitution, every Regional
egislative Assembly shall enact the
laws for the exercise of People’s
Initiative on matters within their
respective jurisdiction, provided
that no regional people’s initiative
shall be allowed without the
signature of at least ten percent
(10%) of the votes cast in the
region.
SECTION 10. The Congress shall
appropriate an annual budget for
people’s initiative, which shall be
automatically released to the
Federal Commission on Elections.

12
The Legislative Department

1987 Constitution Draft Pro visions


2 7 J une 20 18
Article VI Article VII

SECTION 1.

SECTION 1 . The legislative (a) The Federal legislativ e


power shall be vested in the power is v ested in the
Congress of the Philippines Congress, which shall consist
which shall consist of a of a Senate and a House of
Senate and a House of Representatives.
Representatives, except to
the extent reserved to the
people by the provision on
initiative and referendum.
(b) The people, pursuant to
the prov isions on initiative and
referendum, may directly
exercise legislative pow er.
SECTION 2 . The Senate shall SECTIO N 2 . Every F ederated
be composed of twenty -four Region shall be represented
Senators who shall be elected by at least two (2) Senators
at large by the qualified elected by the qualified voters
voters of the Philippines, as in the federated region,
may be provided by law. provided that each region
shall have the same number
of senators.
SECTION 3 . No person shall SECTIO N 3 . No person shall
be a Senator unless he is a be elected Senator unless he
natural- born citizen of the is a natural-born citizen of the
Philippines, and, on the day of Philippines and, on the day of
the election, is at least thirty- the election, at least thirty-five
five y ears of age, able to read (35) years of age, holder of a
and write, a registered voter, college degree or its
and a resident of the equiv alent, a registered voter,
Philippines for not less than and domiciled in the
tw o years immediately Federated R egion where he or
preceding the day of the she is to be elected for not
election. less than two years
immediately preceding the day
of the election.
SECTION 4.

SECTION 4 . The term of (a) The term of office of the


office of the Senators shall be Senators shall be four (4)
six years and shall years and shall commence,
commence, unless otherwise unless otherwise provided by
provided by law, at noon on law, at noon on the thirtieth
the thirtieth day of June next day of June, next following
following their election. their election. They shall
continue in office until their
successors shall have been
elected, proclaimed, and
No Senator shall serve for qualified.
(b) No Senator shall serve for
more than tw o consecutiv e more than tw o (2) consecutive
terms. Voluntary renunciation terms. Voluntary renunciation
of the office for any length of of the office for any length of
time shall not be considered tim e shall not be considered
as an interruption in the as an interruption in the
continuity of his serv ice for continuity of his service for
the full term for which he was the full term for which he was
elected. elected.
SECTION 5. SECTION 5.

(1) The House of (a) The House of


Representatives shall be Representatives shall be
composed of not more than composed of not m ore than
tw o hundred and fifty four hundred (400) m embers
members, unless otherw ise unless otherwise provided by
fixed by law, who shall be law.
elected from legislativ e
districts apportioned among
the prov inces, cities, and the
Metropolitan M anila area in
accordance with the number
of their respective inhabitants,
and on the basis of a uniform
and progressive ratio, and
those w ho, as provided by
law, shall be elected through
a party -list sy stem of
registered national, regional,
and sectoral parties or
organizations.

(b) Sixty per centum (60%) of


the members of the House of
Representatives shall be
elected by plurality of v otes
where each single member
legislativ e electoral district
shall have one (1) seat in the
House of R epresentatives.
Single member legislative
districts shall be apportioned
among the prov inces, cities,
and the Metropolitan M anila
area in accordance with the
number of their respective
inhabitants on the basis of a
uniform and progressive ratio
as m ay be provided by federal
law.
(c) The remaining forty
percent (40%) of the
Members of the House of
Representative shall be v oted
by the sy stem of proportional
representation. Every voter
shall elect a registered political
party w ith a closed list of
nominees, provided that these
nominees are qualified to be
members of the House of
Representatives. Parties
elected in the foregoing
manner that obtain at least
fiv e percent (5%) of the valid,
national votes shall be
considered elected, and seats
shall be allocated to the
winning parties in proportion
to the number of v otes
(2) The party-list receiv
(d) F oredthree
by them.
consecutive
representatives shall terms following the ratification
constitute tw enty per centum of this Constitution, one half
of the total number of of the seats set apart for
representatives including party’s voted under the
those under the party list. F or proportional representation
three consecutive terms after sy stem shall be reserved for
the ratification of this labor, peasant, urban poor,
Constitution, one-half of the indigenous cultural
seats allocated to party-list communities and fisherfolk
representatives shall be filled, groups, provided that they
as provided by law, by organize themselves as par ties
selection or election from the or coalitions of parties. The
labor, peasant, urban poor, other half of the total seats
indigenous cultural allocated for proportional
communities, women, youth, representation shall be open
and such other sectors as to all other political parties or
may be provided by law, coalitions thereof.
except the religious sector.

(3) Each legislative district (e) Each single member


shall comprise, as far as legislativ e district shall
practicable, contiguous, comprise, as far as
compact and adjacent practicable, contiguous,
territory. Each city w ith a compact, and adjacent
population of at least tw o territory. Each city, including
hundred fifty thousand, or those located in islands, with a
each province, shall hav e at population of at least fiv e
least one representative. hundred thousand (500,000),
or each province regardless of
population shall be entitled to
at least one (1) m ember of
the House of Representativ es.
(4) Within three years (f) Within fiv e (5) y ears
following the return of every follow ing the return of every
census, the C ongress shall national census, the Congress
make a reapportionment of is mandated to pass a
legislative districts based on reapportionment law or to
the standards provided in this make reapportionment of
section. legislativ e districts based on
the standards provided in this
section.
SECTION 6 . No person shall SECTIO N 6 . No person shall
be a M ember of the House of be a M ember of the House of
Representatives unless he is a Representatives unless he is a
natural- born citizen of the natural-born citizen of the
Philippines and, on the day of Philippines, on the day of the
the election, is at least election, is at least tw enty-fiv e
tw enty-fiv e years of age, able (25) years of age, and holder
to read and write, and, except of a college degree or its
the party-list representatives, equiv alent. Except for one
a registered voter in the elected through the
district in which he shall be Proportional Representation
elected, and a resident sy stem, he must be a
thereof for a period of not registered v oter in the district
less than one year and domiciled in the district
immediately preceding the where he is to be elected for a
day of the election. period of not less than one (1)
year immediately preceding
the day of the election.
SECTION 7.

SECTION 7 . The Members of (a) The Members of the House


the House of Representativ es of Representatives shall be
shall be elected for a term of elected for a term of four ( 4)
three years which shall begin, years which shall begin,
unless otherwise provided by unless otherwise provided by
law, at noon on the thirtieth law, at noon on the thirtieth
day of June nex t following day of June, next following
their election. their election.
No member of the House of (b) No member of the House
Representatives shall serve of Representatives shall serve
for m ore than three for more than tw o (2)
consecutive terms. Voluntary consecutiv e terms. Voluntary
renunciation of the office for renunciation of the office for
any length of time shall not any length of time shall not be
be considered as an considered as an interruption
interruption in the continuity in the continuity of the service
of his service for the full term for the full term for which he
for w hich he w as elected. was elected.
SECTION 8 . Unless SECTIO N 8 . Unless otherwise
otherwise provided by law , provided by law, the regular
the regular election of the election of the Senators and
Senators and the M embers of the M embers of the House of
the House of Representativ es Representatives shall be held
shall be held on the second on the second Monday of M ay.
Monday of M ay. SECTION 9.

SECTION 9 . In case of (a) In case of vacancy in the


vacancy in the Senate or in Senate or in the House of
the House of Representativ es, Representatives, a special
a special election m ay be election may be called to fill
called to fill such vacancy in such v acancy in the manner
the manner prescribed by prescribed by law , but the
law, but the Senator or Senator or M ember of the
Member of the House of House of R epresentatives thus
Representatives thus elected elected shall serv e only for the
shall serve only for the unex pired term.
unex pired term. (b) I n the case of
representatives elected
through the Proportional
Representation system, the
vacancy shall be filled based
on the preferential order of
names on the closed and fixed
list submitted to the Federal
Commission on Elections by
the parties in the previous
election. N 1 0. The salaries of
SECTION 1 0. The salaries of SECTIO
Senators and Members of the Senators and Members of the
House of Representatives House of R epresentatives shall
shall be determined by law. be determined by law. No
No increase in said increase in said compensation
compensation shall take effect shall take effect until after the
until after the expiration of expiration of the full term of
the full term of all the all the M embers of the Senate
Members of the Senate and and the House of
the House of Representativ es Representatives approv ing
approving such increase. such increase.
SECTION 1 1. A Senator or SECTIO N 1 1. A Senator or
Member of the House of Member of the House of
Representatives shall, in all Representatives shall, in all
offenses punishable by not offenses punishable by not
more than six years more than six (6) years
imprisonment, be privileged imprisonment, be privileged
from arrest while the from arrest while the Congress
Congress is in session. No is in session. No Member shall
Member shall be questioned be questioned nor be held
nor be held liable in any other liable in any other place for
place for any speech or any speech or debate in the
debate in the Congress or in Congress or in any committee
any committee thereof. thereof.
SECTION 1 2. All Members of SECTIO N 1 2. All Members of
the Senate and the House of the Senate and the House of
Representatives shall, upon Representatives shall, upon
assumption of office, make a assumption of office, make a
full disclosure of their financial full disclosure of their financial
and business interests. They and business interests. They
shall notify the House shall notify the House
concerned of a potential concerned of a potential
conflict of interest that may conflict of interest that m ay
arise from the filing of a arise from the filing of a
proposed legislation of which proposed legislation of which
they are authors. they are authors.
SECTION 1 3. No Senator or SECTIO N 1 3. No Senator or
Member of the House of Member of the House of
Representatives may hold any Representatives may hold any
other office or employ ment in other office or employment in
the Gov ernment, or any the Gov ernment, or any
subdivision, agency , or subdivision, agency , or
instrumentality thereof, instrumentality thereof,
including gov ernment-ow ned including gov ernment-ow ned
or controlled corporations or or controlled corporations or
their subsidiaries, during his their subsidiaries, during his
term without forfeiting his term without forfeiting his
seat. Neither shall he be seat. Neither shall he be
appointed to any office which appointed to any office which
may have been created or the may have been created or the
emoluments thereof increased emoluments thereof increased
during the term for which he during the term for w hich he
was elected. was elected.
SECTION 1 4. No Senator or SECTIO N 1 4. No Senator or
Member of the House of Member of the House of
Representatives may Representatives may
personally appear as counsel personally appear as counsel
before any court of justice or before any court of justice or
before the Electoral Tribunals, before any quasi-judicial and
or quasi-judicial and other other administrative bodies,
administrative bodies. Neither except when he is a party to
shall he, directly or indirectly, the case. Neither shall he,
be interested financially in during his term of office,
any contract with, or in any directly or indirectly, be
franchise or special privilege interested financially in any
granted by the Government, contract w ith, or in any
or any subdivision, agency , or franchise or special privilege
instrumentality thereof, granted by the Government,
including any government- or any subdiv ision, agency, or
owned or controlled instrumentality thereof,
corporation, or its subsidiary, including any gov ernment-
during his term of office. He owned or controlled
shall not interv ene in any corporation, or its subsidiary.
matter before any office of He shall not intervene in any
the Gov ernment for his matter before any office of the
pecuniary benefit or where he Government for their
may be called upon to act on pecuniary benefit or where he
account of his office. may be called upon to act on
account of his office.
SECTION 1 5. The Congress SECTIO N 1 5. The Congress
shall convene once every year shall convene once every year
on the fourth M onday of July on the fourth M onday of July
for its regular session, unless for its regular session, unless
a different date is fix ed by a different date is fix ed by
law, and shall continue to be law, and shall continue to be
in session for such number of in session for such number of
days as it may determine until days as it may determine until
thirty days before the opening thirty days before the opening
of its next regular session, of its next regular session,
exclusiv e of Saturdays, exclusiv e of Saturdays,
Sundays, and legal holidays. Sundays, and legal holidays.
The President may call a The President may call a
special session at any time. special session at any time.
SECTION 16. SECTION 16.

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.

(2) A majority of each House (b) A majority of each House


shall constitute a quorum to shall constitute a quorum to
do business, but a smaller do business, but a smaller
number may adjourn from number may adjourn from day
day to day and may compel to day and may compel the
the attendance of absent attendance of absent
Members in such manner, and Members in such manner, and
under such penalties, as such under such penalties, as such
House may provide. House m ay provide.

(3) Each House may (c) Each House may


determine the rules of its determine the rules of its
proceedings, punish its proceedings, punish its
Members for disorderly Members for disorderly
behavior, and, w ith the behavior committed during his
concurrence of two-thirds of or her incumbency, and with
all its Mem bers, suspend or the concurrence of two-thirds
expel a Member. A penalty of of all its Mem bers, suspend or
suspension, w hen imposed, expel a Member. A penalty of
shall not exceed sixty days. suspension, when imposed,
shall not exceed sixty (60)
days. Provided that each
House shall comply with final
and ex ecutory orders of
judicial or quasi-judicial
authorities imposing
disciplinary
(4) Each House shall keep a (d) sanctions
Each House on itsa
shall keep
Journal of its proceedings, Members.
Journal of its proceedings, and
and from time to time publish from tim e to time publish the
the same, ex cepting such same, excepting such parts as
parts as may, in its judgment, may, in its judgment, affect
affect national security; and national security; and the yeas
the yeas and nays on any and nays on any question
question shall, at the request shall, at the request of one-
of one-fifth of the M embers fifth of the Members present,
present, be entered in the be entered in the Journal.
Journal. Each House shall also keep a
Each House shall also keep a Record of its proceedings.
Record of its proceedings.

(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.

SECTION 1 7. The Senate SECTIO N 1 7. All contests


and the House of relating to the election,
Representatives shall each returns, and qualifications of
have an Electoral Tribunal Senators and Members of the
which shall be the sole judge House of R epresentatives shall
of all contests relating to the be w ithin the exclusive original
election, returns, and jurisdiction of the Federal
qualifications of their Electoral Court, as provided in
respectiv e Members. Each Article IX of this Constitution.
Electoral Tribunal shall be
composed of nine Members,
three of whom shall be
Justices of the Supreme Court
to be designated by the Chief
Justice, and the remaining six
shall be Mem bers of the
Senate or the House of
Representatives, as the case
may be, who shall be chosen
on the basis of proportional
representation from the
political parties and the
parties or organizations
registered under the party-list
sy stem represented therein.
The senior Justice in the
Electoral Tribunal shall be its SECTION 18.
Chairman.
SECTION 1 8. There shall be (a) There shall be a
a Commission on Commission on A ppointments
Appointments consisting of consisting of the President of
the President of the Senate, the Senate, as ex officio
as ex officio Chairm an, twelve Chairman, twelv e (12)
Senators and twelve Mem bers Senators and twelv e (12)
of the House of Members of the House of
Representatives, elected by Representatives, elected by
each House on the basis of each House on the basis of
proportional representation proportional representation
from the political parties and from the political parties
parties or organizations represented ther ein. The
registered under the party-list Chairman of the Commission
sy stem represented therein. shall not vote, except in case
The Chairman of the of a tie. The Commission shall
Commission shall not v ote, decide by a majority vote of
except in case of a tie. The all the M embers.
Commission shall act on all
appointments submitted to it
within thirty session days of
the Congress from their
submission. The Commission
shall rule by a majority vote
of all the Members. (b) The Commission on
Appointments shall perform
other functions and duties as
may be provided by this
Constitution.
(c) Any appointment or
nomination that has been
by passed or unacted upon by
the Commission on
Appointments at least twice
shall be deemed disapprov ed.
SECTION 1 9. The Electoral SECTIO N 1 9. The
Tribunals and the Commission Commission on A ppointments
on A ppointments shall be shall be constituted w ithin
constituted within thirty days thirty (30) days after the
after the Senate and the Senate and the House of
House of Representatives Representatives shall have
shall have been organized been organized with the
with the election of the election of the President and
President and the Speaker. the Speak er. The Com mission
The Commission on on Appointments shall m eet
Appointments shall m eet only only while the Congress is in
while the Congress is in session, at the call of its
session, at the call of its Chairman or a majority of all
Chairman or a majority of all its Members, to discharge
its Members, to discharge such pow ers and functions as
such pow ers and functions as are herein conferred upon it.
are herein conferred
SECTION upon it.
2 0. The records SECTIO N 2 0. The records
and books of accounts of the and books of accounts of the
Congress shall be preserved Congress shall be preserved
and be open to the public in and be open to the public in
accordance with law, and accordance with law, and such
such books shall be audited book s shall be audited by the
by the Commission on Audit Commission on A udit which
which shall publish annually shall publish annually an
an item ized list of amounts itemized list of amounts paid
paid to and expenses incurred to and ex penses incurred for
for each Mem ber. each Member.
SECTION 21.

SECTION 2 1. The Senate or (a) The Senate or the House


the House of Representativ es of Representatives, or any of
or any of its respective its respective comm ittees,
committees may conduct may conduct inquiries in aid of
inquiries in aid of legislation in legislation in accordance with
accordance with its duly its duly published rules of
published rules of procedure. procedure. The rights of
The rights of persons persons appearing in or
appearing in or affected by affected by such inquiries shall
such inquiries shall be be respected.
respected.
(b) Any witness or resource
person ordered detained for
contempt during inquiry may
seek judicial relief when the
detention is patently unlawful
or when its prolonged
enforcement becomes
unreasonable or violates due
process.

SECTION 2 2. The heads of SECTIO N 2 2. The heads of


departm ents may upon their departments may upon their
own initiative, with the own initiative, with the
consent of the President, or consent of the President, or
upon the request of either upon the request of either
House, as the rules of each House, as the rules of each
House shall provide, appear House shall provide, appear
before and be heard by such before and be heard by such
House on any matter House on any matter
pertaining to their pertaining to their
departm ents. Written departments. Written
questions shall be submitted questions from the M embers
to the President of the Senate of Congr ess shall be submitted
or the Speak er of the House to the President of the Senate
of R epresentatives at least or the Speaker of the House
three days before their of Representatives at least
scheduled appearance. three days before their
Interpellations shall not be scheduled appearance.
lim ited to written questions, Interpellations shall not be
but may cover matters related limited to written questions,
thereto. When the security of but m ay cover m atters related
the State or the public thereto. When the security of
interest so requires and the the F ederal Republic, or the
President so states in writing,public interest or nature of
the appearance shall be testim ony or disclosure to be
conducted in executive made so requires and the
session. President so states in w riting,
the appearance shall be
SECTION 23. conducted 23.
SECTION in executive
session.
(1) The Congress, by a v ote (a) The Congress, by a v ote of
of tw o-thirds of both Houses two-thirds of both Houses in
in joint session assem bled, joint session assembled,
voting separately, shall hav e voting separately, shall have
the sole power to declare the the sole power to declare the
existence of a state of w ar. existence of a state of w ar.

(2) In tim es of war or other (b) I n the event Congress is


national emergency, the unable to convene due to the
Congress may , by law, existence of war or national
authorize the President, for a emergency, the President, as
lim ited period and subject to Commander-in-Chief, shall
such restrictions as it m ay exercise all pow ers necessary
prescribe, to exercise powers to cope with the situation.
necessary and proper to carry When Congress is able to
out a declared national policy. reconvene, it may rev oke such
Unless sooner withdraw n by exercise of pow ers of the
resolution of the Congress, President through a
such pow ers shall cease upon resolution.
the next adjournment thereof.

(c) In times of war or other


national emergency, the
Congress may, by law,
authorize the President, for a
limited period and subject to
such restrictions as Congress
may prescribe, to exercise
powers necessary and proper
to carry out a declared
national policy. Unless sooner
withdraw n by resolution of the
Congress, such pow ers shall
cease upon the next
adjournment thereof.
SECTION 2 4. All SECTIO N 2 4. All
appropriation, revenue or appropriation, rev enue or
tariff bills, bills authorizing tariff bills, bills authorizing
increase of the public debt, increase of the public debt
bills of local application, and and private bills shall originate
private bills shall originate exclusiv ely in the House of
exclusiv ely in the House of Representatives, but the
Representatives, but the Senate may propose or concur
Senate may propose or with amendments.
concur with
SECTION 25.amendm ents. SECTION 25.

(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 .

(2) No provision or enactment (b) No prov ision or enactm ent


shall be embraced in the shall be embraced in the
general appropriations bill general appropriations bill
unless it relates specifically to unless it relates specifically to
some particular appropriation some particular appropriation
therein. Any such provision or therein. Any such provision or
enactment shall be limited in enactment shall be limited in
its operation to the its operation to the
appropriation to w hich it appropriation to w hich it
relates. relates.

(3) The procedure in (c) The procedure in


approving appropriations for approving appropriations for
the Congress shall strictly the Congress shall strictly
follow the procedure for follow the procedure for
approving appropriations for approving appropriations for
other departments and other departments and
agencies. agencies.

(4) A special appropriations (d) A special appropriations


bill shall specify the purpose bill shall specify the purpose
for w hich it is intended, and for which it is intended, and
shall be supported by funds shall be supported by funds
actually available as certified actually available as certified
by the National Treasurer, or by the National Treasurer, or
to be raised by a to be raised by a
corresponding revenue corresponding revenue
proposed therein. proposal therein.

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.

(6) Discretionary funds (f) Discretionary funds


appropriated for particular appropriated for particular
officials shall be disbursed officials shall be disbursed
only for public purposes to be only for public purposes to be
supported by appropriate supported by appropriate
vouchers and subject to such vouchers and subject to such
guidelines as may be guidelines as may be
prescribed by law . prescribed by law .

(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.

SECTION 26. SECTION 26.

(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.

(2) No bill passed by either (b) No bill passed by either


House shall become a law House shall become a law
unless it has passed three unless it has passed three
readings on separate days, readings on separate days,
and printed copies thereof in and printed copies ther eof in
its final form have been its final form have been
distributed to its Mem bers distributed to its Members
three days before its passage, three days before its passage,
except when the President except when the President
certifies to the necessity of its certifies to the necessity of its
immediate enactment to meet immediate enactment to meet
a public calam ity or a public calamity or
emergency. Upon the last emergency. Upon the last
reading of a bill, no reading of a bill, no
amendment thereto shall be amendment ther eto shall be
allow ed, and the vote thereon allow ed, and the vote thereon
shall be taken immediately shall be taken immediately
thereafter, and the y eas and thereafter, and the y eas and
nays entered in the Journal. nays entered in the Journal.

(c) There shall be a Bicameral


Conference Committee
composed of members chosen
by each House that shall
reconcile conflicting provisions
of the bill passed by both
Houses. The reconciled
version shall be subject to
vote by each House in
accordance with their
SECTION 27. respective 27.
SECTION rules.

(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.

SECTION 28. SECTION 28.

(1) The rule of taxation shall (a) Taxation shall be uniform,


be uniform and equitable. The equitable, and progressive.
Congress shall evolv e a
progressive system of
taxation.

(2) The Congress may, by (b) The Congress may, by law,


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

(3) Charitable institutions, (c) Charitable institutions,


churches and parsonages or churches, temples, masajid
convents appurtenant thereto, and parsonages or convents,
mosques, non- profit madaris, non-profit
cemeteries, and all lands, cemeteries, and all lands,
buildings, and improvements, buildings, and improvements,
actually, directly, and actually, directly, and
exclusiv ely used for religious, exclusiv ely used for religious,
charitable, or educational charitable, or educational
purposes shall be exempt purposes shall be exempt
from taxation. from taxation.

(4) No law granting any tax (d) No law granting any


exemption shall be passed Federal tax exemption shall be
without the concurrence of a passed without the
majority of all the Members of concurrence of a two-thirds of
the Congress. all the M embers of each
House of Congress, voting
separately .

SECTION 29. SECTION 29.

(1) No money shall be paid (a) No money shall be paid


out of the Treasury except in out of the Treasury except in
pursuance of an appropriation pursuance of an appropriation
made by law. made by law.

(2) No public money or (b) No public money or


property shall be property shall be
appropriated, applied, paid, or appropriated, applied, paid, or
employed, directly or employ ed, directly or
indirectly, for the use, benefit, indirectly, for the use, benefit,
or support of any sect, or support of any sect, church,
church, denomination, denomination, sectarian
sectarian institution, or institution, or sy stem of
sy stem of religion, or of any religion, or of any priest,
priest, preacher, minister, or preacher, minister, or other
other religious teacher, or religious teacher, or dignitary
dignitary as such, except as such, except when such
when such priest, preacher, priest, preacher, minister,
minister, or dignitary is imam, or dignitary is assigned
assigned to the armed forces, to the armed forces, law
or to any penal institution, or enforcement agencies or to
government orphanage or any penal institution, or
leprosarium. government orphanage or
hospitals.

(3) All money collected on (c) All money collected on any


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

SECTION 3 0. No law shall


be passed increasing the
appellate jurisdiction of the
Supreme Court as provided in
this Constitution without its
advice and concurrence.
SECTION 3 1. No law
granting a title of royalty or
nobility shall be enacted.
SECTION 3 2. The Congress
shall, as early as possible,
provide for a system of
initiative and referendum, and
the exceptions therefrom,
whereby the people can
directly propose and enact
laws or approve or reject any
act or law or part thereof
passed by the Congress or
local legislative body after the
registration of a petition
therefor signed by at least ten
per centum of the total
number of registered voters,
of w hich every legislative
district must be represented
by at least three per centum
of the registered voters
thereof.

15
Executive Department

1987 Constitution Draft Pro visions


2 7 J une 20 18
Article VII Article VIII

SECTION 1 . The executive pow er SE CTIO N 1. The executive power of


shall be vested in the President of the the Federal Republic is vested in the
Philippines. President.
SECTION 2 . No person may be SE CTIO N 2. No person may be
elected President unless he is a elected President unless he is a
natural- born citizen of the Philippines, natural-born citizen of the Philippines,
a registered voter, able to read and a registered voter, holder of a college
write, at least forty years of age on the degree or its equivalent and on the day
day of the election, and a resident of of the election, at least forty (40) y ears
the Philippines for at least ten years of age, and domiciled in the Philippines
immediately preceding such election. for at least ten ( 10) years immediately
preceding such election.
SECTION 3.

SECTION 3 . There shall be a Vice- (a) There shall be a Vice-President who


President w ho shall have the same shall hav e the same qualifications and
qualifications and term of office and be term of office as the President.
elected with and in the same manner
as the President. He may be removed
from office in the same manner as the
President.
The Vice-President may be appointed (b) The Vice-President shall be
as a M ember of the Cabinet. Such appointed as a M ember of the Cabinet.
appointment requires no confirmation. The appointment shall not require
confirmation.
SECTION 4.

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.

SECTION 1 3. The President, Vice- (a) The President, Vice-President, the


President, the Members of the C abinet, M embers of the Cabinet, and their
and their deputies or assistants shall Undersecretaries or Assistant
not, unless otherwise provided in this Secretaries shall not, unless otherw ise
Constitution, hold any other office or provided in this Constitution, hold any
employment during their tenure. They other office or employment during their
shall not, during said tenure, directly or tenure. They shall not, during said
indirectly, practice any other tenure, directly or indirectly, practice
profession, participate in any business, any other profession, participate in any
or be financially interested in any business, or be financially interested in
contract w ith, or in any franchise, or any contract with, or in any franchise,
special privilege granted by the or special priv ilege granted by the
Government or any subdiv ision, Government or any subdivision,
agency, or instrumentality thereof, agency, or instrumentality thereof,
including gov ernment-ow ned or including government-owned or
controlled corporations or their controlled corporations or their
subsidiaries. They shall strictly avoid subsidiaries. They shall strictly av oid
conflict of interest in the conduct of conflict of interest in the conduct of
theirspouse
The office. and relativ es by theirThe
(b) office.
spouse and relatives by
consanguinity or affinity within the consanguinity or affinity, legitimate or
fourth civ il degree of the President illegitimate, w ithin the fourth civil
shall not during his tenure be degree of the President shall not,
appointed as members of the during his tenure, be appointed as
Constitutional Comm issions, or the members of the Constitutional
Office of the Ombudsman, or as Commissions, the Federal Supreme
Secretaries, Undersecretaries, chairmen Court, the Federal Constitutional Court,
or heads of bureaus or offices, the Federal Administrativ e Court, the
including gov ernment-ow ned or F ederal Electoral Court, or as
controlled corporations and their Secretaries, Undersecretaries,
subsidiaries. Chairpersons or Heads of bureaus or
offices, including government-owned or
controlled corporations and their
SECTION 1 4. Appointments ex tended SE subsidiaries.
CTIO N 14 . Appointments extended
by an Acting President shall remain by an Acting President shall remain
effective, unless revok ed by the elected effective, unless revoked by the elected
President w ithin ninety days from his President within ninety days from his
assumption or reassumption of office. assumption or reassumption of office.

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.

SECTION 1 8. The President shall be (a) The President shall be the


the Commander-in-Chief of all armed Commander-in-Chief of all armed
forces of the Philippines and whenever forces of the Philippines and whenever
it becom es necessary, he may call out it becomes necessary, he may call out
such armed forces to prev ent or such armed forces to prevent or
suppress lawless violence, invasion or suppress lawless violence, invasion or
rebellion. rebellion.
In case of invasion or rebellion, when (b) In case of invasion, r ebellion, or
the public safety requires it, he m ay, law less violence, w hen the public
for a period not ex ceeding six ty days, safety requires it, he may, for a period
suspend the privilege of the w rit of not exceeding sixty (60) day s, suspend
habeas corpus or place the Philippines the privilege of the writ of habeas
or any part thereof under m artial law. corpus or place the Philippines or any
Within forty-eight hours from the part thereof under martial law . Within
proclamation of martial law or the forty-eight (48) hours from the
suspension of the privilege of the writ proclamation of m artial law or the
of habeas corpus, the President shall suspension of the privilege of the writ
submit a report in person or in writing of habeas corpus, the President shall
to the Congress. The Congress, voting submit a report in person or in writing
jointly, by a vote of at least a majority to the Congress. The Congress, voting
of all its M embers in regular or special jointly , by a vote of at least a majority
session, may revoke such proclamation of all its Members in regular or special
or suspension, which revocation shall session, may revoke such proclamation
not be set aside by the President. Upon or suspension, which revocation shall
the initiative of the President, the not be set aside by the President. Upon
Congress may , in the same manner, the initiative of the President, the
extend such proclamation or Congress may, in the same m anner,
suspension for a period to be extend such proclamation or
determined by the Congress, if the suspension for a period to be
invasion or rebellion shall persist and determ ined by the Congress, if the
public safety requires it. invasion or rebellion shall persist and
public safety requires it.
The Congress, if not in session, shall, (c) The Congress, if not in session,
within tw enty -four hours follow ing such shall, within twenty-four (24) hours
proclamation or suspension, convene in following such proclamation or
accordance with its rules without any suspension, convene in accordance
need of a call. with its rules without any need of a
The Supreme Court may rev iew, in an (d) call.The Federal Supreme Court may
appropriate proceeding filed by any review, in an appropriate proceeding
citizen, the sufficiency of the factual filed by any citizen, the sufficiency of
basis of the proclam ation of m artial law the factual basis of the proclamation of
or the suspension of the privilege of martial law or the suspension of the
the writ or the extension thereof, and privilege of the w rit or the extension
must promulgate its decision thereon thereof, and must promulgate its
within thirty days from its filing. decision thereon within thirty days
from its filing.
A state of martial law does not suspend (e) A state of martial law does not
the operation of the Constitution, nor suspend the operation of the
supplant the functioning of the civ il Constitution, nor supplant the
courts or legislative assemblies, nor functioning of the civil courts or
authorize the conferment of jurisdiction legislative assemblies, nor authorize
on m ilitary courts and agencies over the conferment of jurisdiction on
civ ilians where civil courts are able to military courts and agencies over
function, nor automatically suspend the civilians w here civil courts are able to
privilege of the writ. function, nor automatically suspend the
privilege of the w rit.
The suspension of the privilege of the (f) The suspension of the privilege of
writ shall apply only to persons the writ shall apply only to persons
judicially charged for rebellion or judicially charged for rebellion, or
offenses inherent in or directly offenses inherent in or directly
connected w ith the invasion. connected with invasion or law less
During the suspension of the privilege violence.
(g) During the suspension of the
of the writ, any person thus arrested or privilege of the w rit, any person
detained shall be judicially charged arrested or detained shall be judicially
within three days, otherwise he shall charged w ithin three ( 3) days,
be released. otherwise, he shall be released.
SECTION 1 9. Except in cases of SE CTIO N 19 . Except in cases of
impeachment, or as otherwise prov ided impeachment, or as otherwise provided
in this Constitution, the President m ay in this Constitution, the President may
grant reprieves, commutations and grant reprieves, commutations, and
pardons, and remit fines and pardons, remit fines and forfeitures,
forfeitures, after conviction by final after conviction by final judgment of
judgment. He shall also hav e the offenses defined by federal law or
power to grant amnesty with the other penal legislation. He shall also
concurrence of a majority of all the have the power to grant amnesty with
Members of the C ongress. the concurrence of a m ajority of the
members of Congress, voting jointly.
SECTION 20.

SECTION 2 0. The President may (a) The President may contract or


contract or guarantee foreign loans on guarantee foreign loans on behalf of
behalf of the R epublic of the the Republic of the Philippines with the
Philippines w ith the prior concurrence prior concurrence of the M onetary
of the M onetary Board, and subject to Board of the Bangk o Sentral ng
such limitations as may be provided by Pilipinas, and subject to such
law. limitations as may be prov ided by law.
The M onetary Board shall, w ithin thirty (b) The Monetary Board shall, within
days from the end of ev ery quarter of thirty (30) day s from the end of every
the calendar year, submit to the quarter of the calendar year, submit to
Congress a com plete report of its the Congress a complete report of its
decisions on applications for loans to decisions on applications for loans to
be contracted or guaranteed by the be contracted or guaranteed by the
Government or government-owned and Government or government-owned and
controlled corporations which would controlled corporations which would
have the effect of increasing the have the effect of increasing the
foreign debt, and containing other foreign debt, and containing other
matters as may be prov ided by law. matters as may be provided by law.
(c) When requested by Congress, the
President and the Monetary Board shall
submit to the Senate or the House of
Representatives, or any of its
committees, all documents and papers
relative to such foreign loans.
SECTION 2 1. No treaty or SE CTIO N 21 . No treaty or
international agreement shall be valid international agreement shall be v alid
and effective unless concurred in by at and effectiv e unless concurred in by at
least tw o-thirds of all the Members of least two-thirds of all the M embers of
the Senate.2 2. The President shall
SECTION the Senate.
SE CTIO N 22 . The President shall
submit to the Congress within thirty submit to the Congress within thirty
days from the opening of every regular days from the opening of every regular
session, as the basis of the general session, as the basis of the general
appropriations bill, a budget of appropriations bill, a budget of
expenditures and sources of financing, expenditures and sources of financing,
including receipts from existing and including receipts from existing and
proposed revenue measures. proposed rev enue m easures.
SECTION 2 3. The President shall SE CTIO N 23 . The President shall
address the Congress at the opening of address the Congress at the opening of
its regular session. He may also appear its regular session. He may also appear
before it at any other time. before it at any other time.

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.

(a) Subject to additional


qualifications prescribed by the
Constitution, all members of the
Judiciary must be persons of proven
competence, integrity, probity, and
independence.
(b) The Congress shall prescribe the
qualifications of judges of lower
courts, but no person may be
appointed judge thereof unless he is
a citizen of the Philippines and a
mem ber of the Philippine Bar,
provided that members of a low er
collegiate court must be natural-born
citizens.
SECTION 5.

(a) The M embers of the Federal


Supreme C ourt, the F ederal
Constitutional Court, the Federal
Administrative Court and the Federal
Electoral Court shall serv e for a term
of twelve (12) years or until they
reach the age of seventy (70) years,
whichever comes first, or becom es
incapacitated to discharge the duties
of their office. All other justices of
the collegiate courts and judges of
low ers courts shall hold office during
good behavior until they reach the
age of seventy (70) years or become
incapacitated to discharge the duties
of their office.
(b) No law increasing or decreasing
the jurisdiction of the Federal
Supreme C ourt, the F ederal
Constitutional Court, the Federal
Administrative Court, and the F ederal
Electoral Court shall be enacted
without its adv ice and consent.
(c) Decisions, orders, and resolutions
of the F ederal Supreme Court, the
Federal Constitutional Court, the
Federal Administrative Court en banc,
and the Federal Electoral Court en
banc, shall be final and executory,
and shall not be subject to review.
(d) The salary of the Chief Justices
and Associate Justices of the F ederal
Supreme C ourt, the F ederal
Constitutional Court, the Federal
Administrative Court, and the F ederal
Electoral Court, and the salary of the
judges of low er courts shall be fixed
by law. During their continuance in
office, their salary shall not be
decreased. Neither shall their
retirement and other benefits be
reduced.
(e) The M embers of the Federal
Supreme C ourt, the F ederal
Constitutional Court, the Federal
Administrative Court, the Federal
Electoral Court, and the other courts
established by law shall not be
designated to any agency performing
quasi-judicial or administrative
function.
(1) The Supreme Court shall be SECTIO N 6. The Federal Supreme
composed of a Chief Justice and Court shall be composed of a Chief
fourteen Associate Justices. It may Justice and eight (8) Associate
sit en banc or in its discretion, in Justices of whom: three ( 3) including
divisions of three, five, or seven the C hief Justice, shall be appointed
Members. Any vacancy shall be filled by the President, three ( 3) shall be
within ninety days from the appointed by the Commission on
occurrence thereof. Appointments, and three ( 3) shall be
appointed by the F ederal
Constitutional Court en banc. Each
appointing authority may adopt its
ow n selection process. All such
appointments shall not require
confirmation. Any vacancy shall be
filled within ninety ( 90) days from
the occurrence thereof by the same
appointing7.
SECTION authority.

(a) No person shall be appointed


mem ber of the Federal Supreme
Court, unless he is a natural-born
citizen of the Philippines, at least fifty
(50) years of age on the date of his
appointment, and must have been
for fifteen (15) y ears or more, a
judge of a lower court or engaged in
the practice of law in the Philippines.
(2) All cases involving the
constitutionality of a treaty,
international or executive agreement,
or law, w hich shall be heard by the
Supreme Court en banc, and all other
cases w hich under the Rules of Court
are required to be heard en banc,
including those involv ing the
constitutionality, application, or
operation of presidential decrees,
proclamations, orders, instructions,
ordinances, and other regulations,
shall be decided with the
concurrence of a majority of the
Members who actually took part in
the deliberations on the issues in the
case and voted thereon.

(3) Cases or matters heard by a (b) All cases and administrative


division shall be decided or resolved matters before the court shall be
with the concurrence of a majority of decided en banc with the
the M embers who actually took part concurrence of at least five ( 5) of its
in the deliberations on the issues in mem bers.
the case and voted thereon, and in
no case, without the concurrence of
at least three of such Members.
When the required number is not
obtained, the case shall be decided
en banc: Provided, that no doctrine
or principle of law laid down by the
court in a decision rendered en banc
or in division may be modified or
reversed except by the court sitting
en banc.

SECTION 5 . The Supreme Court SECTIO N 8. The Federal Supreme


shall have the follow ing powers: Court shall have the follow ing
(1) Exercise original jurisdiction over powers:
(a) Exercise original jurisdiction over
cases affecting ambassadors, other cases:
public ministers and consuls, and
over petitions for certiorari,
prohibition, mandamus, quo
warranto, and habeas corpus.

1. Inv olving conflicts between


branches and agencies within the
Federal Government, conflicts
between the Federal Government
and the Federated Regions, and
conflicts between and among the
Federated Regions;
2. Inv olving ambassadors, other
public ministers and consuls;
3. Inv olving petitions for certiorari,
prohibition, mandamus, quo
(2) Review , rev ise, reverse, modify, warranto.
(b) Rev iew, revise, reverse, modify ,
or affirm on appeal or certiorari, as or affirm on appeal or certiorari, as
the law or the Rules of Court may the law or the R ules of Court may
provide, final judgments and orders provide, cases involving:
of lower courts in:

(a) All cases in which the 1. Final judgments and orders of


constitutionality or validity of any low er courts ex cept those within the
treaty, international or executive exclusive jurisdiction of the Federal
agreem ent, law, presidential decree, Constitutional Court, F ederal
proclamation, order, instruction, Administrative Court, or of the
ordinance, or regulation is in Federal Electoral Court;
question.

(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;

(e) All cases in which only an error or 5. Error or questions of law.


question of law is involv ed.

(3) Assign temporarily judges of (c) Assign temporarily judges of


lower courts to other stations as low er courts to other stations as
public interest may require. Such public interest may require. Such
temporary assignment shall not temporary assignment shall not
exceed six months without the exceed six months without the
consent of the judge concerned. consent of the judge concerned.

(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.

(f) Subject to the power of Congress


to legislate, the Federal Supreme
Court may also promulgate rules
concerning the protection and
enforcement of constitutional rights.

(g) To appoint all justices and judges


of the lower courts upon
recommendation by the Judicial
Appointments and Disciplinary
Council.
(6) Appoint all officials and (h) To appoint all officials and
employees of the Judiciary in employees of the F ederal Supreme
accordance with the Civil Service Court and of all the lower courts in
Law. accordance w ith the Civil Service
Law .
(i) Exercise administrative supervision
ov er lower courts and the personnel
thereof. This includes the power to
dismiss and suspend its officials and
employees, justices of the lower
collegiate courts, and judges of lower
courts, upon recommendation of the
Judicial Appointment and Disciplinary
Council.

SECTION 6 . The Supreme Court


shall have administrativ e supervision
over all courts and the personnel
thereof.

18
SECTION 7. SECTION 10.

(1) No person shall be appointed (a) No person shall be appointed


Member of the Supreme Court or any Member of the Federal Constitutional
lower collegiate court unless he is a Court unless he is a natural born
natural- born citizen of the citizen of the Philippines, a
Philippines. A M ember of the recognized expert in constitutional
Supreme Court must be at least forty law, at the time of his appointment,
years of age, and must have been for at least fifty (50) years of age, and
fifteen years or more a judge of a for not less than fifteen ( 15) years, a
lower court or engaged in the judge of a lower court or engaged in
practice of law in the Philippines. the practice of law in the Philippines.

(b) It shall sit en banc, and decide all


cases and matters before it with the
concurrence of at least five ( 5)
mem bers.
SECTIO N 11. The F ederal
Constitutional Court shall have the
following powers:
(a) Exercise exclusive and original
jurisdiction over:
1. Disputes inv olving the
constitutionality of a law, treaty,
international or ex ecutive agreem ent,
including those involving the
constitutionality, application, or
operation of presidential decrees,
proclamations, orders, instructions,
ordinances, and other regulations,
administrative issuances by the
Federal Government or any of its
departments and agencies, as w ell as
the laws of the legislative assemblies
of the F ederated Regions, and the
acts and issuances of their executive
departments;

2. Any dispute or matter involv ing


questions of constitutionality.

(b) Ex ercise original jurisdiction over


cases inv olving writ of habeas
corpus, writ of am paro, writ of
habeas data, and w rit of kalik asan.

(c) Hear and decide impeachment


cases provided that a judgment of
conviction must be concurred in by at
least six (6) mem bers. Howev er,
when a member of the Constitutional
Court is impeached, the Federal
Administrative Court shall act as the
Impeachment Court. A judgment of
conviction must be concurred in by at
least six (6) of its mem bers.

(d) Appoint all officials and


employees of the F ederal
Constitutional Court in accordance
with the Civil Service Law and
exercise administrative supervision
ov er all its personnel, including the
power to dismiss and suspend its
officials and employees upon
recommendation of the Judicial
Appointments and Disciplinary
Council.

(e) Promulgate rules concerning


pleading, practice, and procedure
before it.
(f) Ex ercise such other functions as
may be conferred upon it by law.

SECTIO N 12. The F ederal


Constitutional Court may, with leave,
render advisory opinion when sought
by:
(a) The President, Senate President,
or Speaker of the House of
Representativ es on the
constitutionality of any enrolled bill of
paramount importance;

(b) The Senate President or Speaker


of the House on the constitutionality
of any proposed amendment to or
rev ision of the C onstitution;

(c) The Chairman of the Federal


Commission on Elections on the
constitutionality of any proposal to
amend or rev ise the Constitution or
enact, amend, or repeal any federal
law by people’s initiative;

(d) Any citizen of the Philippines,


relativ e to the validity of any law
which they claim to be
unconstitutional as applied to them.

SECTIO N 13. The F ederal


Administrative Court shall be
composed of a Chief Justice and
eight (8) Associate Justices. The
Chief Justice and three ( 3) Associate
Justices shall be appointed by the
President, three ( 3) Associate
Justices shall be appointed by the
Commission on Appointments, and
three (3) by the Federal Supreme
Court en banc. All such appointments
shall not require confirmation. Any
vacancy shall be filled w ithin ninety
(90) days from the occurrence
thereof by the same appointing
authority.
SECTION 14.

(a) No person shall be appointed


Member of the Federal Administrative
Court, unless he is a natural born
Filipino citizen, at the time of his
appointment, at least fifty ( 50) years
of age, a recognized ex pert in
administrative law, and m ust hav e
been for at least fifteen (15) years, a
judge of a lower court, or engaged in
the practice of law .
(b) In all cases and matters brought
before it, the Federal Administrative
Court in accordance w ith the rules it
will promulgate, may sit en banc or in
div isions of three (3) justices each
and decisions shall be reached by a
concurrence of a majority of the
court en banc or the division, as the
case may be.
SECTION 15.

(a) The Federal Administrative Court


shall exercise exclusive jurisdiction to
rev iew on appeal or certiorari, in
accordance w ith the rules of
procedure it may prescribe, the
decisions, judgments, or final orders
or resolutions of the F ederal Civil
Service Commission, the F ederal
Commission on Elections, the F ederal
Commission on Audit, the Federal
Commission on Human Rights, the
Federal Ombudsman Commission,
and the Federal Competition
Commission, and of all adm inistrative
and quasi-judicial bodies in the
Federal
(b) Republic.
It shall, with leave, render an
advisory opinion, if sought by any
political party to determine w hether
the F ederal Commission on Elections
has complied with the processes,
procedures, and preparations relative
to the conduct of the elections, w hich
may materially affect the results of
the election.
(c) It shall appoint all officials and
employees of the F ederal
Administrative Court in accordance
with the Civil Service Law and
exercise administrative supervision
ov er all its personnel. This includes
the power to dismiss and suspend its
officials and employees upon
recommendation of the Judicial
Appointments and Disciplinary
Council.
(d) It shall promulgate rules
concerning pleading, practice, and
procedure before it.
(e) I t shall exercise such other
powers and functions as m ay be
conferred upon it by law.
SECTIO N 16. There shall be a
Federal Electoral Court composed of
a Chief Justice and fourteen (14)
Associate Justices. The Chief Justice
and four (4) A ssociate Justices of the
Federal Electoral Court shall be
appointed by the President, five (5)
Associate Justices by the Commission
on Appointments, and five (5)
Associate Justices by the F ederal
Constitutional Court sitting en banc.
All such appointments shall not
require confirmation. Any vacancy
shall be filled within ninety ( 90) days
from the occurrence thereof by the
same appointing authority .
SECTION 17.

(a) No person shall be appointed


Member of the Federal Electoral
Court unless he is a natural born
Filipino citizen, at the time of his
appointment, at least fifty ( 50) years
of age, an election law expert, must
have been judge of lower courts or
engaged in the practice of law for at
least fifteen (15) y ears, and have not
been a candidate for any electiv e
position in the immediately preceding
elections.

(b) In all cases and matters brought


before it, the Federal Electoral Court,
in accordance with the rules it will
promulgate, may sit en banc or in
div isions of three (3) justices each
and decisions shall be reached by a
concurrence of a majority of the
court en banc or the division, as the
case may be.

SECTIO N 18. The F ederal Elector al


Court shall have the follow ing
powers:
(a) Exercise exclusive original
jurisdiction over all contests relating
to the elections, returns, and
qualifications of the President, Vice-
President, M embers of both Houses
of Congress; Prov ided, that contests
relating to the President and Vice-
President shall be decided by the
Federal Electoral Court en banc;
Provided further, that contests
relating to the Members of Congress
shall be heard and decided by the
Federal Electoral Court in division and
proceedings shall be held w ithin the
region where the case arose.
Decisions of the Federal Electoral
Court shall be reached by the
concurrence of a majority of the
Court en banc or in Division as the
case may be. Any decision of the
Court in Division may be elevated to
the C ourt en banc only on questions
of law in accordance with its rules of
procedure.

(b) Ex ercise exclusiv e authority to


rev iew, on appeal or certiorari, all
decisions, resolutions, and orders of:

1. Trial courts of proper jurisdiction in


all contests relating to the elections,
returns, and qualifications of other
electiv e regional, prov incial, city,
municipal, and barangay officials;
and

2. The Commission on Elections w ith


respect to all questions affecting
elections, including the qualifications
of candidates and political parties,
and other pre- election controversies,
and the conduct of plebiscites and
referenda;

(c) Promulgate its ow n rules of


procedure; and
(d) Perform other functions as may
be established by law .
(2) The Congress shall prescribe the
qualifications of judges of lower
courts, but no person may be
appointed judge thereof unless he is
a citizen of the Philippines and a
member of the Philippine Bar.

(3) A Member of the Judiciary must


be a person of proven com petence,
integrity, probity, and independence.

SECTION 8. SECTION 19.

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.

(d) The Chairmanship of the Council


shall be rotated every two ( 2) years
in the follow ing order beginning with
the C hief Justice of the Federal
Supreme C ourt, the Chief Justice of
the F ederal Constitutional C ourt, the
Chief Justice of the F ederal
Administrative Court, and the Chief
Justice of the Federal Electoral Court.
(3) The Clerk of the Supreme Court
shall be the Secretary ex officio of
the Council and shall keep a record
of its proceedings.

(4) The regular Members of the


Council shall receive such
emoluments as may be determined
by the Supreme Court. The Supreme
Court shall provide in its annual
budget the appropriations for the
Council.

SECTIO N 20. There shall be an


Executive Board which shall provide
administrative and operational
support to the Council. It shall be
composed of a Secretary and two (2)
Deputy Secretaries. One Deputy
Secretary shall be in charge of the
Appointments Committee that will
screen the qualifications of all the
candidates for all the lower courts.
The other Deputy Secretary shall be
in charge of the Disciplinary
Committee that will inv estigate the
complaints against the officers and
employees of the judiciary.
SECTIO N 21. The budget of the
Council shall be included in the
budget of the Judiciary. The regular
mem bers shall receive such
emoluments as may be determined
by the ex officio members of the
Council, in accordance w ith law.
(5) The Council shall have the SECTIO N 22. The Council shall have
principal function of recommending the following pow ers and duties:
appointees to the Judiciary. It may
exercise such other functions and
duties as the Supreme Court may
assign to it.

(a) To conduct a thorough search


and investigation to find the most
qualified candidates for the v acant
positions for all Justices and Judges
of the lower courts;
(b) To recommend to the proper
appointing authority the promotion or
transfer of justices and judges;
(c) To investigate disciplinary cases
filed against the members, officials,
and employees of the Judiciary. It
shall submit its findings to the
Federal Supreme Court, the F ederal
Constitutional Court, the Federal
Administrative Court, and the F ederal
Electoral court which shall have final
disciplinary authority over their
respective officials and employ ees;
(d) Promulgate its own rules and
regulations and publish the same;
(e) Perform other powers and
functions as may be prescribed by
law.
SECTIO N 23. The Council shall
decide by a majority vote of all the
mem bers sitting en banc. Proxy
voting shall not be allowed.
SECTIO N 24. The conclusions of
the F ederal Supreme Court, the
Federal Constitutional Court, the
Federal Administrative Court, and the
Federal Electoral Court in any case
submitted to it for decision shall be
reached in consultation before the
writing of the opinion of the Court. A
certification to this effect, signed by
the C hief Justice, shall be issued and
a copy thereof attached to the record
of the case and served upon the
parties. Any Mem ber who took no
part, or dissented, or abstained from
a decision or resolution m ust state
the reason therefor. The sam e
requirements shall be observed by all
SECTION 9 . The Members of the low er collegiate courts.
Supreme Court and judges of lower
courts shall be appointed by the
President from a list of at least three
nominees prepared by the Judicial
and Bar Council for every vacancy.
Such appointments need no
confirmation.
For the lower courts, the President
shall issue the appointments within
ninety days from the submission of
the list.
SECTION 1 0. The salary of the
Chief Justice and of the Associate
Justices of the Supreme Court, and
of judges of lower courts shall be
fixed by law. During their
continuance in office, their salary
shall not be1decreased.
SECTION 1. The Members of the
Supreme Court and judges of lower
courts shall hold office during good
behavior until they reached the age
of seventy years or become
incapacitated to discharge the duties
of their office. The Suprem e Court en
banc shall have the power to
discipline judges of low er courts, or
order their dismissal by a v ote of a
majority of the Members w ho
actually took part in the deliberations
on the issues in the case and voted
thereon.
SECTION 1 2. The Members of the
Supreme Court and of other courts
established by law shall not be
designated to any agency performing
quasi-judicial or adm inistrative
functions.
SECTION 1 3. The conclusions of
the Supreme Court in any case
submitted to it for decision en banc
or in division shall be reached in
consultation before the case is
assigned to a M ember for the writing
of the opinion of the Court. A
certification to this effect signed by
the Chief Justice shall be issued and
a copy thereof attached to the record
of the case and served upon the
parties. Any M ember who took no
part, or dissented, or abstained from
a decision or resolution must state
the reason therefor. The same
requirements shall be observ ed by all
lower collegiate courts. SECTION 25.

SECTION 1 4. No decision shall be (a) No decision shall be rendered by


rendered by any court w ithout any court w ithout expressing therein
expressing therein clearly and clearly and distinctly the facts and
distinctly the facts and the law on the law on which it is based.
which it is based.
No petition for review or motion for (b) No petition for review or motion
reconsideration of a decision of the for reconsideration of a decision of
court shall be refused due course or the court shall be refused due course
denied without stating the legal basis or denied w ithout stating the legal
therefor. basis therefor.
SECTION 15. SECTION 26.

(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.

SECTION 1 6. The Supreme Court SECTIO N 27. The F ederal Supreme


shall, w ithin thirty day s from the Court, the Federal Constitutional
opening of each regular session of Court, the Federal Administrativ e
the Congress, submit to the President Court, and the Federal Electoral
and the C ongress an annual report Court shall, w ithin thirty ( 30) days
on the operations and activities of from the opening of each regular
the Judiciary. session of the Congress, submit to
the President and the Congress an
annual report on the operations and
activities of the Judiciary.
SECTIO N 28. There shall be at least
one (1) Federal Court of Appeals in
each Federated Region, at least one
(1) Federal District Trial Court in
constituent cities and prov inces of
federated regions, and such other
low er courts as may be necessary for
the effectiv e administration and
speedy deliv ery of justice.
SECTIO N 29. No lower court,
whether federal or regional, shall be
created without the recommendation
of the Supreme Court. Subject to the
recommendation of the Judicial
Appointments and Disciplinary
Council, the Supreme Court shall
appoint the all the judges of the
low er courts and the justices of the
collegiate courts.

20
Constitutional Commissions

1987 Constitution Draft Provisio ns


27 Ju ne 201 8
Article IX Article X

A. Common Provisions A. Common Provisions

SECTION 1 . There shall be


independent Constitutional
Commissions in the Federal
Government.
SECTION 1 . The Constitutional SECTION 2 . The Constitutional
Commissions, which shall be Commissions are the F ederal Civil
independent, are the Civil Service Service Comm ission, the Federal
Commission, the Commission on Commission on Elections, the
Elections, and the Commission on Federal Commission on Audit, the
Audit. Federal Commission on Human
Rights, the F ederal Ombudsman
Commission, and the Federal
Competition Commission.
SECTION 3 . The Chairpersons and
the Commissioners of the
Constitutional Commissions shall be
appointed by the President with the
consent of the C ommission on
Appointments for a term of seven
(7) years without reappointment.
SECTION 4 . Appointment to any
vacancy shall only be for the
unexpired term of the predecessor.
In no case shall any member be
appointed or designated in a
temporary or acting capacity . All
vacancies shall be filled within
ninety (90) days after they occur by
the same appointing authority.
SECTION 2 . No Member of a SECTION 5 . Unless consistent w ith
Constitutional Comm ission shall, the primary functions of the office,
during his tenure, hold any other no m ember of a Constitutional
office or employm ent. Neither shall Commission, shall, during his
he engage in the practice of any tenure, hold any other office or
profession or in the active employment. Neither shall they
management or control of any engage in the practice of any
business which in any way be profession or in the active
affected by the functions of his management or control of any
office, nor shall he be financially business which in any way be
interested, directly or indirectly, in affected by the functions of their
any contract with, or in any office, nor shall they be financially
franchise or priv ilege granted by interested, directly or indirectly , in
the Gov ernment, any of its any contract with, or in any
subdivisions, agencies, or franchise or priv ilege granted by
instrumentalities, including the Government, any of its
government-owned or controlled subdivisions, agencies, or
corporations or their subsidiaries. instrumentalities, including
government-owned or controlled
corporations
SECTION 6 .orAlltheir subsidiaries.
commissioners
may be removed by impeachment.
SECTION 3 . The salary of the SECTION 7 . The salary of the
Chairman and the Commissioners Chairperson and the Commissioners
shall be fixed by law and shall not shall be fixed by law. During their
be decreased during their tenure. continuance in office, their salary
shall not be decreased. Neither
shall their retirement and other
benefits be reduced.
SECTION 4 . The Constitutional SECTION 8 . The Constitutional
Commissions shall appoint their Commissions shall appoint their
officials and employees in officials and employees in
accordance with law. accordance with F ederal Law.
SECTION 5 . The Commission shall SECTION 9 . The Constitutional
enjoy fiscal autonomy . Their Commissions shall enjoy fiscal
approved annual appropriations autonomy . Their appropriations
shall be automatically and regularly may not be reduced by the
released. legislature below the am ount
appropriated for the previous y ear
and, after approval, shall be
automatically and regularly
released.
They shall have the power to retain
and use their savings or income for
any of their activities or
undertakings ex cept the grant of
additional bonuses and incentives
to their officials and personnel.
SECTION 6 . Each Commission en SECTION 1 0. Each Commission en
banc may promulgate its own rules banc may promulgate its ow n rules
concerning pleadings and practice and regulations concerning
before it or before any of its offices. pleadings and practice before it or
Such rules howev er shall not before any of its offices. Such rules,
diminish, increase, or modify howev er shall not diminish,
substantive rights. increase, or modify substantiv e
rights.
SECTION 1 1. In case of
resignation, death, or permanent
inability of the Chairperson of any
Commission to discharge his or her
functions, the most senior
Commissioner shall serv e as acting
head until the appointment of a
permanent one.
SECTION 7 . Each Commission
shall decide by a majority vote of
all its Mem bers any case or matter
brought before it within sixty day s
from the date of its submission for
decision or resolution. A case or
matter is deemed submitted for
decision or resolution upon the
filing of the last pleading, brief, or
memorandum required by the rules
of the Commission or by the
Commission itself. Unless otherw ise
provided by this Constitution or by
law, any decision, order, or ruling
of each Commission m ay be
brought to the Supreme Court on
certiorari by the aggrieved party
within thirty days from receipt of a
copy thereof.
SECTION 8 . Each Commission
shall perform such other functions
as may be provided by law.
SECTION 1 2. No spouse or
relative by consanguinity or affinity
within the fourth civil degree of any
of the Commissioners may
personally appear as counsel or
agent on any matter pending
before the Commission concerned
or transact business, directly or
indirectly, therein during their
incumbency and within one year
from cessation of office.
B. The Civil Service Commission B. Federal Civil Service Commission

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.

(1) The civil service embraces all


branches, subdivisions,
instrumentalities, and agencies of
the Gov ernment, including
government-owned or controlled
corporations with original charters.

(2) Appointments in the civil serv ice


shall be made only according to
merit and fitness to be determ ined,
as far as practicable, and, except to
positions which are policy-
determining, primarily confidential,
or highly technical, by competitive
examination.

(3) No officer or employee of the (c) No official or employee of the


civ il service shall be remov ed or civ il service shall be remov ed or
suspended except for cause suspended except for cause
provided by law. provided by law.

(4) No officer or employee in the (d) No official or employee in the


civ il service shall engage, directly or civ il service shall engage, directly or
indirectly, in any electioneering or indirectly, in any electioneering or
partisan political campaign. partisan political campaign.

(5) The right to self-organization (e) The right to self-organization


shall not be denied to government shall not be denied to all
employees. government employ ees.

(6) Temporary employees of the (f) Temporary employees in


Government shall be given such government service shall be giv en
protection as may be prov ided by such protection as may be provided
law. by law .
SECTION 2 . Only citizens of the
Philippines may be appointed or
hold public office. Those who hold
dual citizenship shall, as a condition
to the assumption of office or
government employ ment, renounce
allegiance to a foreign sovereignty.
All public officers and employees
shall take an oath or affirmation to
uphold and defend this
Constitution.
SECTION 3 . No candidate who has
lost in any election shall be
appointed to any office in the
Government or any government-
owned or controlled corporations
and in any of their subsidiaries
within one (1) y ear after such
election.
SECTION 3 . The Civil Serv ice
Commission, as the central
personnel 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 programs for all levels
and ranks, and institutionalize a
management climate conducive to
public accountability . It shall submit
to the President and the Congress
an annual report on its personnel
programs.
SECTION 4 . All public officers and
employees shall take an oath or
affirmation to uphold and defend
this Constitution.
SECTION 5 . The Congress shall
provide for the standardization of
compensation of government
officials and employees, including
those in government-owned or
controlled corporations with original
charters, taking into account the
nature of the responsibilities
pertaining to, and the qualifications
required for their positions.
SECTION 6 . No candidate who has SECTION 3 . No candidate who has
lost in any election shall, w ithin one lost in any election shall be
year after such election, be appointed to any office in the
appointed to any office in the Government or any government-
Government or any government- owned or controlled corporations
owned or controlled corporations or and in any of their subsidiaries
in any of their subsidiaries. within one (1) y ear after such
election.
SECTION 4.

SECTION 7 . No elective official (a) No elective official shall be


shall be eligible for appointm ent or eligible for appointm ent or
designation in any capacity to any designation in any capacity to any
public office or position during his public office or position during his
tenure. tenure.
Unless otherwise allow ed by law or (c) Unless otherwise allow ed by
by the primary functions of his law, or by the primary functions of
position, no appointive official shall the position, no appointiv e official
hold any other office or shall hold any other office or
employment in the Government or employment in the Federal and
any subdivision, agency or Federated R egional Governments or
instrumentality thereof, including any subdivision, agency or
government-owned or controlled instrumentality thereof, including
corporations or their subsidiaries. government-owned or controlled
corporations and their subsidiaries.
SECTION 5.

SECTION 8 . No elective or (a) Unless specifically authorized by


appointive public officer or law, no elective or appointive public
employee shall receive additional, officer or employee shall receive
double, or indirect compensation, additional, double, or indirect
unless specifically authorized by compensation, nor accept without
law, nor accept without the consent the consent of the Federal
of the Congress, any present, Congress, any present, emolument,
emolument, office, or title of any office, or title of any k ind from any
kind from any foreign government. foreign government.
Pensions or gratuities shall not be (b) Pensions or gratuities shall not
considered as additional, double, or be considered as additional, double,
indirect compensation. or indirect compensation.
SECTION 6 . No appointment in
the civil service shall be made in
favor of a relativ e within the fourth
civ il degree of consanguinity or
affinity, of the appointing or
recom mending authority, or of the
chief of the bureau or office or of
the person exercising immediate
supervision over the appointee.
SECTION 7 . There shall be no
discrimination against any person
seeking employment in the civ il
service by reason of political or
religious affiliations or opinions,
sex, status, age, physical
appearance or disability, or
ethnicity.
SECTION 8.

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.

(a) The Federal Civil Serv ice


Commission shall be composed of a
Chairperson and tw o
Commissioners who shall be
natural-born citizens of the
Philippines and, at the time of their
appointment, at least thirty -five
(35) and not more than six ty -five
(65) years of age, with proven
capacity for public administration,
and must not have been candidates
for any elective position in the
elections immediately preceding
their appointment. At least one
Commissioner shall be a member of
the Philippine Bar and has been
engaged in the practice of law for
at least
(b) The ten (10) years.
Chairperson and the
Commissioners shall be appointed
by the President w ith the consent
of the Commission on
Appointments for a term of seven
(7) years without reappointment.
Of those first appointed, the
Chairperson shall hold office for
seven (7) y ears and two members
for five ( 5) 1years.
SECTION 1. The Federal Civil
Service Comm ission shall
coordinate with the Career
Executive Service Board and its
equivalent, in the implementation
of the rules and standards in Career
Executive Service (CES) .
SECTION 1 2. The Federal Civil
Service Comm ission shall decide by
a majority vote of its members any
case or matter brought before it
within one year from the date of its
filing.
Decisions and rulings of the
Commission shall be final and
executory and may only be
reviewed by the Federal
Administrativ e Court on certiorari as
the rules of the Federal
Administrativ e Court m ay provide.

SECTION 13.

(a) There shall be a Civil Service


Commission in each Federated
Region which shall be guided by
the minimum standards and policies
set by the F ederal Civil Service
Commission.

(b) Accordingly , the F ederated


Regional Assemblies may enact
laws w hich provide compensation,
standards, qualifications and
policies for public officials and
employees under their respective
jurisdictions higher than the
minimum standards set by the
Federal Congress, taking into
account the nature of the
responsibilities pertaining to the
qualifications needed for the
position, and the requirements in
their respective regions. Such
enactments shall govern the
Regional Civil Service Comm ission.

SECTION 1 4. The Regional


Governor in the Federated Regions
shall appoint members of the
Regional Civil Service Comm ission
with the consent of the R egional
Assem bly. They may not be
removed except for cause as
provided by law. The Regional Civ il
Service Comm ission shall have the
authority to select their personnel
and manage their respectiv e
C. The Commission on Elections offices.
C. Federal Commission on Elections

SECTION 1. SECTION 1.

(1) There shall be a Commission on (a) There shall be a F ederal


Elections composed of a Chairman Commission on Elections composed
and six Commissioners w ho shall be of a C hairperson and six
natural- born citizens of the Commissioners, two from L uzon,
Philippines and, at the time of their tw o from Visayas and two from
appointment, at least thirty -five Mindanao with one representing
years of age, holders of a college the Bangsamoro, who shall be
degree, and must not hav e been natural born citizens of the
candidates for any elective position Philippines and, at the time of their
in the immediately preceding appointments, at least thirty-five
elections. How ever, a majority (35) years of age, holders of a
thereof, including the Chairman, college degree and must not have
shall be Mem bers of the Philippine been candidates for any elective
Bar who have been engaged in the position in the immediately
practice of law for at least ten preceding elections. One should be
years. a member of the Philippine bar and
has been engaged in the practice of
law for at least ten (10) years.

(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.

SECTION 2 . The Commission on SECTION 2 . The Federal


Elections shall exercise the Commission on Elections shall
following powers and functions: exercise the follow ing powers and
functions:
(1) Enforce and administer all laws (a) Enforce and administer all law s
and regulations relative to the and regulations relative to the
conduct of an election, plebiscite, conduct of an election, plebiscite,
initiative, referendum, and recall. initiative, referendum, and recall;

(2) Exercise exclusive original


jurisdiction over all contests relating
to the elections, returns, and
qualifications of all elective
regional, prov incial, and city
officials, and appellate jurisdiction
over all contests involving electiv e
municipal officials decided by trial
courts of general jurisdiction, or
involving electiv e barangay officials
decided by trial courts of limited
jurisdiction.

Decisions, final orders, or rulings of


the Commission on election
contests inv olving elective
municipal and barangay offices
shall be final, executory, and not
appealable.

(3) Decide, except those involving


the right to vote, all questions
affecting elections, including
determination of the num ber and
location of polling places,
appointment of election officials
and inspectors, and registration of
voters.

(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;

(5) Register, after sufficient (c) Register political parties,


publication, political parties, organizations, or coalitions after
organizations, or coalitions which, sufficient publication;
in addition to other requirements,
must present their platform or
program of government; and
accredit citizens’ arms of the
Commission on Elections. Religious
denominations and sects shall not
be registered. Those w hich seek to
achieve their goals through violence
or unlaw ful means, or refuse to
uphold and adhere to this
Constitution, or which are
supported by any foreign
government shall likew ise be
refused registration.
Financial contributions from foreign
governments and their agencies to
political parties, organizations,
coalitions, or candidates related to
elections constitute interference in
national affairs, and, w hen
accepted, shall be an additional
ground for the cancellation of their
registration with the Commission, in
addition to other penalties that may
be prescribed by law.

(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.

(e) Conduct investigations in cases


involving election offenses for the
purpose of filing criminal complaints
before the appropriate prosecution
offices;
(7) Recomm end to the Congress (f) R ecom mend to the Federal
effective measures to minimize Congress effective measures to
election spending, including regulate election spending,
lim itation of places where including limitation of places w here
propaganda materials shall be propaganda materials shall be
posted, and to prevent and penalize posted, and to prevent and penalize
all forms of election frauds, all forms of election frauds,
offenses, malpractices, and offenses, malpractices, and
nuisance candidacies. nuisance candidacies;

(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.

SECTION 3 . The Commission on


Elections may sit en banc or in two
divisions, and shall promulgate its
rules of procedure in order to
expedite disposition of election
cases, including pre- proclamation
controversies. All such election
cases shall be heard and decided in
division, prov ided that motions for
reconsideration of decisions shall be
decided by the Com mission en
banc.
SECTION 4 . The Commission may, SECTION 3 . The Commission may,
during the election period, during the election period:
supervise or regulate the (a) Superv ise or regulate the
enjoyment or utilization of all enjoyment or utilization of all
franchises or permits for the franchises or permits for the
operation of transportation and operation of transportation and
other public utilities, other public utilities;

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.

(1) There shall be a Commission on (a) There shall be a F ederal


Audit composed of a Chairman and Commission on Audit composed of
tw o Com missioners, w ho shall be a Chairperson and four (4)
natural- born citizens of the Commissioners, who shall be
Philippines and, at the time of their natural-born citizens of the
appointment, at least thirty -five Philippines and, at the time of their
years of age, certified public appointment, at least thirty -five
accountants with not less than ten (35) years of age, certified public
years of auditing experience, or accountants with not less than ten
members of the Philippine Bar who (10) years of auditing experience,
have been engaged in the practice or members of the Philippine Bar
of law for at least ten years, and who have been engaged in the
must not have been candidates for practice of law for at least ten ( 10)
any elective position in the years, or management experts with
elections immediately preceding extensive ex perience on quality
their appointment. At no time shall management and quality standards,
all M embers of the Commission and must not have been candidates
belong to the same profession. for any elective position in the
election immediately preceding
their appointment. At no time shall
all M embers of the Commission
belong to the same profession.

(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.

(1) The Commission on Audit shall (a) The Federal Commission on


have the power, authority , and Audit shall have the power,
duty to examine, audit, and settle authority , and duty to examine,
all accounts pertaining to the audit, and settle all accounts
revenue and receipts of, and pertaining to the rev enues and
expenditures or uses of funds and receipts of, and expenditures or
property, owned or held in trust by, uses of funds and properties,
or pertaining to, the Government, owned or held in trust by, or
or any of its subdivisions, agencies, pertaining to, the F ederal and
or instrumentalities, including Federated R egional Government, or
government-owned or controlled any of its subdivisions, agencies, or
corporations with original charters, instrumentalities, including
and on a post-audit basis: (a) government-owned or controlled
constitutional bodies, commissions corporations, and on a post-audit
and offices that have been granted basis: ( 1) constitutional bodies,
fiscal autonom y under this commissions and offices that hav e
Constitution; ( b) autonomous state been granted fiscal autonom y
colleges and univ ersities; (c) other under this Constitution; (2)
government-owned or controlled autonomous state colleges and
corporations and their subsidiaries; universities; (3) other government-
and (d) such non-gov ernmental owned or controlled corporations
entities receiving subsidy or equity, and their subsidiaries; and (4) such
directly or indirectly , from or non- governmental entities receiving
through the Government, w hich are subsidy or equity , directly or
required by law or the granting indirectly, from or through the
institution to submit to such audit Government, which are required by
as a condition of subsidy or equity . law or the granting institution to
However, w here the internal control submit to such audit as a condition
sy stem of the audited agencies is of subsidy or equity. However,
inadequate, the Commission may where the internal control system
adopt such measures, including of the audited agencies is
temporary or special pre-audit, as inadequate, the Commission may
are necessary and appropriate to adopt such measures, including
correct the deficiencies. It shall temporary or special pre-audit, as
keep the general accounts of the are necessary and appropriate to
Government and, for such period as correct the deficiencies. It shall
may be provided by law, preserve keep the general accounts of the
the vouchers and other supporting Government and, for such period as
papers pertaining thereto. may be provided by law, preserve
the vouchers and other supporting
papers pertaining thereto.

(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.

SECTION 3 . No law shall be SECTION 3 . No law shall be


passed exempting any entity of the passed exempting any entity of the
Government or its subsidiary in any Federal or Federated R egional
guise whatever, or any investment Government or its subsidiary in any
of public funds, from the guise whatever, or any investment
jurisdiction of the Comm ission on of public funds, from the
Audit. jurisdiction of the Federal
Commission4 on
SECTION 4 . The Commission shall SECTION Audit.
. The Commission shall
submit to the President and the submit to the President and the
Congress, within the time fixed by Congress, w ithin the time fix ed by
law, an annual report covering the law, an annual report covering the
financial condition and operation of financial condition, operation, and
the Gov ernment, its subdiv isions, performance of the F ederal and
agencies, and instrumentalities, Federated R egional Government, its
including gov ernment-ow ned or subdivisions, agencies, and
controlled corporations, and non- instrumentalities, including
governmental entities subject to its government-owned or controlled
audit, and recomm end measures corporations, and non-
necessary to improve their governmental entities subject to its
effectiveness and efficiency. It shall audit, and recomm end measures
submit such other reports as may necessary to improve their
be required by law . effectiv eness and efficiency. It shall
submit such other reports as may
be required5by
SECTION lawCongr
. The . ess shall
enact a F ederal Auditing Code that
will include the manner and limits
of audit scope on the Federal and
Federated R egions and their
instrumentalities, or any of their
subdivision, agency or
instrumentality , as well as
government ow ned and controlled
corporations with original charters
or their subsidiaries, and the
guidelines on the requirements for
pre-audit. The Federal Commission
on Audit shall promulgate auditing
rules in conformity with the Federal
Auditing C ode. Subject to its rules
and regulations, the F ederal
Commission on Audit shall conduct
a pre-audit within a reasonable
period on transactions or contracts
and projects of paramount
im portance to economic
development upon the request of
theF head
E. EDERALof agency.
COM MISSION ON
HUMAN RIGHTS
SECTION 1.

(a) There shall be a F ederal


Commission on Human Rights
composed of a Chairperson and
four (4) Comm issioners who must
be natural-born citizens of the
Philippines and at the time of their
appointment, at least thirty -five
(35) years of age, holders of a
college degree or its equivalent,
and must not have been candidates
for any elective position in the
im mediately preceding election.
(b) The Chairperson and the
Commissioners shall be appointed
by the President w ith the consent
of the Commission on
Appointments for a term of seven
(7) years without reappointment.
Of those first appointed, the
Chairperson and tw o (2)
Commissioners shall hold office for
seven (7) y ears and two ( 2)
Commissioners shall hold office for
five ( 5) years.
SECTION 2 . The Federal
Commission on Human Rights shall
have the following pow ers and
duties:
(a) Investigate, on its own or on
complaint by any party, all forms of
human rights violations involving,
but not limited to, civil, political,
socio-economic, cultural and
environmental rights, comm itted by
state and non-state actors;
(b) R ecomm end the prosecution of
state and non-state actors to the
proper authority for violation of
human rights;
(c) Exercise the pow er to cite in
contempt in accordance with the
Rules of Court;
(d) Prov ide prev entiv e measures
and legal assistance to all victims
whose human rights hav e been
violated or need protection and in
appropriate cases, conduct case
build-up for prosecution of crim inal
offenses;
(e) Exercise visitorial powers over
jails, prisons, or analogous
detention facilities, Provided, that in
case of detention facilities inside
military camps, the visitorial power
can be exercised only upon the
issuance of a court order allowing
such;
(f) Establish a continuing program
on research, education, and
information to enhance respect for
the primacy of human rights in
government and society ;
(g) R ecomm end to Congress legal
and effective measures for the
protection and promotion of human
rights of all persons within the
Philippines, as w ell as F ilipinos
residing abroad, and to prov ide for
remedies to victims of violations of
human rights and their families;
(h) M onitor the compliance by the
Federal and Federated R egional
Governments w ith treaty
obligations on human rights;

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.

(a) The Federal Om budsman


Commission m ay preventively
suspend any officer or employee
under his authority pending an
investigation if in his judgment the
evidence of guilt is strong and (1)
the charge against such officer
involves dishonesty, oppression or
gross misconduct or neglect in the
performance of duty; (2) the
charges would warrant removal
from the service; or (3) the
respondent’s continued stay in
office may prejudice the case filed
against
(b) The him.
preventive suspension shall
continue until the investigation is
terminated by the F ederal
Om budsman Commission but in no
case shall it exceed six ( 6) months,
except when the delay in the
disposition of the case is due to the
fault, negligence or upon the
petition of the respondent, in w hich
case the period of such delay shall
not be counted in computing the
period of prev entiv e suspension
herein provided.
SECTION 10.

(a) No writ of injunction shall be


issued by any court to delay an
investigation being conducted by
the F ederal Ombudsman
Commission, unless there is a prima
facie evidence that the subject
matter of the investigation is
outside the jurisdiction of the Office
of the Federal Ombudsman
Commission.
(b) The Federal Adm inistrative
Court shall hear through appeal or
certiorari any appeal or application
for remedy against the decision or
findings of the Federal Ombudsman
Commission.
SECTION 11.

(a) In accordance with the law and


the Rules of Court, the F ederal
Om budsman Commission may
grant immunity from criminal
prosecution to any person whose
possession and production of
documents or other ev idence may
be necessary to determine the truth
in any of its hearing, inquiry or
proceeding.
(b) The immunity granted shall not
exempt the w itness from criminal
prosecution for perjury or false
testimony, nor shall he be exempt
from demotion or rem oval from
office.
G. F EDERAL COMPETITION
COMMI SSION
SECTION 1 . There shall be an
independent F ederal Competition
Commission.
SECTION 2.

(a) The Commission shall be


composed of a Chairperson and
four Commissioners who must be
natural born citizens of the
Philippines, and at the time of their
appointment at least thirty-five (35)
years of age, of good moral
character, of recognized probity
and independence, and must have
distinguished them selves
professionally in public, civ ic or
academic service in any of the
following fields: economics, law ,
finance, commerce or engineering.
They m ust hav e been in the activ e
practice of their professions for at
least ten (10) years, and must not
have been candidates for any
elective national or local office in
the immediately preceding
elections, whether regular or
special. However, at least one shall
be a member of the Philippine Bar
with at least ten (10) y ears of
experience in the active practice of
law, and at least one shall be an
economist. ( b)The Chairperson and
the Commissioners, who shall be
appointed with the consent of the
Commission on Appointments, shall
be appointed by the President for a
term of seven (7) years without
reappointment. Of the first set of
appointees, the C hairperson shall
hold office for seven (7) years, and
of the first four Commissioners, two
shall hold office for a term of seven
(7) years and two for a term of five
(5) years.

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

1987 Constitution Draft Provisions 27 June 2018


SECTION 1. The Federal Republic
shall consist of sixteen (16) Federated
Regions, the Bangsamoro and the
Federated Cordillera Region. Their
apportioned component units are in
the appended Ordinance I of this
Constitution. Congress may, by law,
create, abolish, merge and divide the
Regions and determine their
constituent political subdivisions,
subject to the ratification by the
people in a referendum held for the
purpose in the political subdivisions
affected.
SECTION 2. All Federated Regions are
permanent and indissoluble parts of
the Federal Republic of the
Philippines. It is prohibited for anyone
to advocate, demand for, or support
the secession of any Federated
Region from the Federal Republic.
SECTION 3. The government of the
Federated Region shall consist of the
Regional egislative, the Regional
Executive, and the Regional Judiciary.
A. THE FEDERATED REGIONAL
LEGISLATURE
SECTION 4. Except for the Federated
Region of the Bangsamoro and the
Federated Region of the Cordilleras,
the Legislature of each Federated
Region shall be known as the
Regional Assembly on which the
legislative power is vested.
SECTION 5. The Regional Assembly
shall be composed of duly elected
assembly members, half representing
each province, highly urbanized city,
and independent chartered city, and
half representing political parties
through proportional representation.
(1) Each province, highly urbanized
city, and independent chartered city
shall have one representative to be
elected by their respective voters. (2)
The representatives from the political
parties shall be elected by the voters
of the region. The four (4) political
parties that obtained the highest
number of votes shall be entitled to
seats in the Assembly in the votes
cast in their favor following their
closed and fixed list.
SECTION 6. Political parties shall
advocate clear principles and
programs of regional governance.
They shall ensure fair representation
of the constituent units of the
Federated Regions and promote the
interests of the marginalized and
underrepresented sectors. Their
elected members in the assembly
shall advance their party principles
and programs. Failure to fulfill these
requirements may be ground for the
disqualification of the party from
participating in elections and
discipline of
SECTION 7. the erring member.
No person may be a
member of the Regional Assembly
unless he is a natural-born citizen, a
registered voter, able to read and
write, at least twenty-five (25) years
of age on the day of the election, and
domiciled in the Federated Region for
at least five (5) years immediately
preceding the election.
SECTION 8. They shall serve for a
term of four (4) years. Their term
shall commence at noon of the 30th
of June following their election,
unless otherwise provided by regional
law. No assembly member shall serve
for more than two (2) terms.
Voluntary
renunciation of the office for any
length of time shall not be considered
as an interruption in the continuity of
his service for the full term of which
he was elected.
SECTION 9. On the first session
following their election, the members
of the Regional Assembly shall elect
by majority vote from all its members
the President Pro-Tempore and the
other officers of the Assembly. The
Regional Assembly shall adopt its own
rules which shall provide for its
officers, quorum, conduct of sessions,
process of legislation, voting,
discipline, privileges and immunities
of its members, journal of
proceedings, vacancies and matters
related to the exercise of the
legislative power within the
framework10.
SECTION of No
thisbill
Constitution.
shall become a
Regional Law unless it is passed in
accordance with the Assembly rules
and signed by the Regional Governor.
If the Regional Governor chooses to
veto the bill, he shall return it to the
Assembly stating the reasons for the
veto. The Regional Assembly may
override the veto of the Governor by
a vote of two-thirds (2/3) of all its
members. When the Regional
Governor fails to act on a bill within a
period of fifteen (15) calendar days,
the bill shall be considered in effect
as law after the fifteenth day.
SECTION 11. Members of the
Regional Assembly shall, upon their
assumption to office, make full
disclosure of their financial and
business interests, including those of
their spouses and children. They shall
notify the Regional Assembly of any
potential conflict of interest that may
arise from the filing of bills or
resolutions of which they are authors.
Non-compliance shall be subject to
disciplinary action by the Regional
Assembly in accordance with its Rules
and without prejudice to other
liabilities as
SECTION 12.provided by law.
No member of the
Regional Assembly shall during their
term, engage directly or indirectly, in
any business or commercial
enterprise where there is conflict of
interest with the functions of their
office.
SECTION 13. The records and books
of accounts of the Regional Assembly
shall be preserved and open to the
public in accordance with regional
law, and such books shall be audited
by the regional audit commission
which shall publish annually an
itemized list of amounts paid to and
expenses incurred for each member.
B. THE REGIONAL EXECUTIVE
SECTION 14. The Regional Executive
Power shall be vested in the Regional
Governor. There shall be a Regional
Vice-Governor who will be the
Presiding Officer of the Regional
Assembly. The Regional Governor and
the Regional Vice-Governor shall be
elected as a team.
SECTION 15. The Regional Governor
and the Regional Vice-Governor shall
be elected by majority of the
Regional Assembly from among its
members. The Regional Governor
shall have a term of four (4) years,
subject to one re-election. The
Regional Assembly shall enact a law
which shall provide for the
succession, vacancies, compensation,
and the accountabilities of the
Regional Governor and Vice-
Governor.
SECTION 16. The Regional Governor
shall have the following powers and
duties:
(a) To head the government of the
Federated Region and exercise
general supervision over its
component local governments;
(b) To execute all federal laws
applicable in the region consistent
with the Constitution;
(c) To execute all regional laws;
(d) To appoint heads of executive
departments, agencies, bureaus and
offices of the Federated Region or
other officers of the regional
government owned and controlled
corporations or entities with original
charters;
(e) To appoint other officers and
employees in the Regional
Government, as may be provided by
the Assembly;
(f) To formulate the Regional
Expenditure Program of government;
(g) To enter into contracts and
agreements for the benefit of the
region in accordance with regional
laws and this Constitution.
(h) To exercise other powers and
duties as may be provided by regional
law.
SECTION 17. The Regional Governor
and Vice-Governor shall not during
their term, engage directly or
indirectly, in any business or
commercial enterprise where there is
conflict of interest with the functions
of their office.
SECTION 18. In case of calamities or
when public order and safety require,
the Regional Governor may declare a
state of emergency within the
Federated Region.
SECTION 19. The Regional Governor
shall exercise the power to pardon or
to commute sentences as well as to
remit fines and forfeitures for crimes
in violation of regional laws.
C. THE REGIONAL JUDICIARY
SECTION 20. The Regional Assembly
shall provide for a Regional Supreme
Court, Regional Courts of Appeal,
Regional Trial Courts in component
provinces, cities and municipalities
and such Lower Courts and Special
Courts, and define their jurisdiction in
accordance with the Constitution.
D. BANGSAMORO AND CORDILLERA
SECTION 21. There is hereby created
a Federated Cordillera Region and an
Autonomous Region of the
Bangsamoro which shall recognize
the ethnicity, culture, religion,
customs, traditions, language and
distinct identities of their people.
SECTION 22. The Bangsamoro
Organic Act is appended as Ordinance
II of this Federal Constitution.
SECTION 23. The Federated
Cordillera Region shall be composed
of the provinces of Abra, Apayao,
Benguet, Ifugao, Kalinga, Mountain
Province, the City of Baguio, and the
component city of Tabuk.
SECTION 24. There shall be an
Organic Act of the Federated Region
of Cordilleras which shall be
consistent with this Constitution and
which shall provide, among others,
for the political territory, structure of
its government, powers of its
constituent units, accountability of its
officials, and mechanisms to ensure
fair representation of the interests of
all its people. The creation, abolition,
division or merger of its constituent
units shall also be provided in the
Organic Act.
SECTION 25. The Organic Act of the
Cordilleras’ Regional Assembly
must be ratified by a majority of the
votes cast in all provinces, highly-
urbanized cities, and independent
component cities, in a plebiscite
called for that purpose.
SECTION 26. Upon approval of this
Constitution and until such time that
the Federated Cordillera Region is
able to adopt its Organic Act, the
Federal Transition Commission shall
organize the government of the
Federated Cordillera Region. The
structure of the regional government
shall be as follows:
(a) The executive power shall be
vested in the Regional Governor who
shall be elected at large by direct
vote of the registered voters in the
Cordilleras.
(b) The legislative power shall be
vested in the Regional Assembly,
without prejudice to the people of the
Cordilleras directly exercising
legislative power pursuant to the
provisions of initiative and
referendum. The Regional Vice-
Governor shall be elected at large by
direct vote of the registered voters in
the Cordilleras and shall be the
Presiding Officer of the Regional
Assembly.
(c) Each province and city shall elect
by direct vote of the registered voters
in the constituent unit their
representatives to the Regional
Assembly. Every chartered city in the
Federated Region is entitled to two
(2) representatives to the Regional
Assembly. Every component city is
entitled to one (1) representative.
Every province
shall be entitled to two (2)
representatives. In case there are
two (2) legislative districts in the
province, each district shall be
entitled to one (1) representative.

26
Draft Article XII Distribution of Powers of the Government
1987 Constitution Draft Provisions 27 June 2018

SECTION 1. The Federal Government


shall have exclusive power over:
(a) Defense, security of land, sea, and
air territory
(b) Foreign affairs
(c) International trade
(d) Citizenship, immigration and
naturalization
(e) Monetary policy and federal fiscal
policy, banking, currency
(f) Elections
(g) Inter-regional infrastructure and
public utilities, including
telecommunications and broadband
networks
(h) Federal crimes and justice system
(i) Civil, family, property, and
commercial laws, except as may be
otherwise provided for in this
Constitution
(j) Customs and tariffs
(k) Postal service
(l) Intellectual property
(m) Regulation and licensing of
professions
(n) Law and order
(o) Prosecution of graft and corruption
cases
(p) Competition and competition
regulation bodies
(q) Promotion and protection of human
rights
(r) National socio-economic planning
(s) Science and technology
(t) Social security benefits
(u) Time regulation, standards of
weights and measures
SECTION 2. Within their regional
territory, the Federated Regions shall
have exclusive power over:
(a) Infrastructure, public utilities and
public works
(b) Socio-economic development
planning
(c) Parks and recreation
(d) Financial administration and
management
(e) Business permits and licenses
(f) Tourism, investment, and trade
development
(g) Economic zones
(h) Creation of sources of revenue
(i) Local government units
(j) Municipal waters
(k) Culture and language development
(l) Land use and housing
(m) Sports development
(n) Indigenous peoples’ rights and
welfare
(o) Justice system
SECTION 3. Powers which are given to
the exclusion of other political
authorities are exclusive powers.
Exclusive powers are given to the
Federal Government and Federated
Regions.
SECTION 4. Powers not exclusively
given to either the Federal Government
or to the Federated Regions are shared
powers. They fall within the relative
competencies of the Federal
Government and the Federated Regions
and can be exercised jointly or
separately. In case of dispute or conflict
in their exercise, the federal power
shall prevail.
SECTION 5. Powers which are not
exclusively given to the Federal
Government or to the Federated
Regions nor shared by them and not
prohibited by the constitution are
reserved powers.
Reserved powers shall be vested in the
Federal Government.

27
Draft Article XIII Fiscal Powers and Financial Administration

1987 Constitution Draft Provisions 27 June 2018


SECTION 1. The Federal Government shall
have the power to levy and collect all taxes,
duties, fees, charges, and other impositions
except the powers to tax granted to the
Federated Regions.
SECTION 2. The Federated Regions shall
have the power to levy and collect the
following taxes, licenses and fees:
(a) Documentary Stamp Tax
(b) Donor’s Tax
(c) Estate Tax
(d) Real Property Tax
(e) Professional Tax
(f) Franchise Tax
(g) Games and Amusement Tax
(h) Transport Franchise Fees
(i) Vehicle Registration Fees including Road
Users Tax
(j) Environmental Tax, Pollution Tax, and
similar Pigouvian Taxes
(k) Local taxes and other taxes which may
be granted by federal law
SECTION 3. The Federated Regions shall be
given a share of not less than fifty percent
(50%) of all the collected taxes on income,
excise, VAT, and customs duties, which shall
be equally divided among them and
automatically released.
SECTION 4. There shall be an Equalization
Fund which shall not be less than three
percent (3%) of the Annual General
Appropriations Act. The Fund shall be
distributed based on the needs of each
region, with priority to those that require
support to achieve financial viability and
economic sustainability as determined by
the Federal Intergovernmental Commission.
SECTION 5. The Federal Congress, through
the Annual General Appropriations Act, may
provide further finances for the Regions to
effectively and efficiently deliver
government services to their constituents.
SECTION 6. The Federated Regions shall be
entitled to fifty percent (50%) of all net
revenues derived from the exploration,
development, and utilization of all natural
resources within their territory.
FEDERAL INTERGOVERNMENTAL
COMMISSION
SECTION 7. A Federal Intergovernmental
Commission is hereby created composed of
the Chairman, who shall be appointed by
the President, two members from the House
of Representatives, two members from the
Senate, and four members, appointed by
the Council of Regional Governors, and the
Secretaries of the Department of Budget
and Management and Department of
Finance.
The four regular members to be appointed
by the Council of Regional Governors should
be experts in law, economy, governance
and public finance.
SECTION 8. The Federal Intergovernmental
Commission shall have the following powers
and duties:
(a) To administer the equalization fund and
assist the weak Federated Regions attain
economic viability and sustainability.
(b) To formulate programs and policies in
regard to grants-in-aid and fund transfers
that will address the specific economic
needs of the regions.
(c) To ascertain the effectiveness and
efficiency of the fiscal administration and
management of the regional governments.
(d) To assess the sufficiency of the regional
governments revenue raising in relation to
their expenditures in order to determine and
reduce causes of financial imbalance.
(e) To promote friendly and cooperative
relationship among the regions through the
use of conciliation and mediation practices
in the resolution of their disputes.
(f) To provide for a system of equitable
allocation of resources that will enable the
people to achieve the goals of establishing a
Federal Republic in accordance with this
Constitution.
(g) To recommend to Congress the passage
of laws to support the foregoing powers.
(h) To promulgate its own rules.
SECTION 10. The Council of Regional
Governors shall have the following powers
and duties:
(a) To designate their representatives to the
Federal Intergovernmental Commission;
(b) To ensure that their regional
development plan is aligned with the federal
policies and programs;
(c) To conciliate and mediate interregional
and intraregional disputes;
(d) To recommend enactment of laws to the
Federal Congress for the economic
development and fiscal sustainability of the
regions.

28
Local Government

1987 Constitution Draft Provisions


27 June 2018
General Provisions
SECTION 1. The territorial and
political subdivisions of the Republic
of the Philippines are the provinces,
cities, municipalities, and barangays.
There shall be autonomous regions
in Muslim Mindanao and the
Cordilleras as hereinafter provided.
SECTION 2. The territorial and
political subdivisions shall enjoy local
autonomy.
SECTION 3. The Congress shall
enact a local government code
which shall provide for a more
responsive and accountable local
government structure instituted
through a system of decentralization
with effective mechanisms of recall,
initiative, and referendum, allocate
among the different local
government units their powers,
responsibilities, and resources, and
provide for the qualifications,
election, appointment and removal,
term, salaries, powers and functions
and duties of local officials, and all
other matters relating to the
organization and operation of the
local units. 4. The President of the
SECTION
Philippines shall exercise general
supervision over local governments.
Provinces with respect to
component cities and municipalities,
and cities and municipalities with
respect to component barangays
shall ensure that the acts of their
component units are within the
scope of their prescribed powers
and functions.
SECTION 5. Each local government
unit shall have the power to create
its own sources of revenues and to
levy taxes, fees, and charges
subject to such guidelines and
limitations as the Congress may
provide, consistent with the basic
policy of local autonomy. Such
taxes, fees, and charges shall accrue
exclusively to the local
governments.
SECTION 6. Local government
units shall have a just share, as
determined by law, in the national
taxes which shall be automatically
released to them.
SECTION 7. Local governments
shall be entitled to an equitable
share in the proceeds of the
utilization and development of the
national wealth within their
respective areas, in the manner
provided by law, including sharing
the same with the inhabitants by
way of direct
SECTION 8. benefits.
The term of office of
elective local officials, except
barangay officials, which shall be
determined by law, shall be three
years and no such official shall serve
for more than three consecutive
terms. Voluntary renunciation of the
office for any length of time shall
not be considered as an interruption
in the continuity of his service for
the full term for which he was
elected.
SECTION 9. Legislative bodies of
local governments shall have
sectoral representation as may be
prescribed by law.
SECTION 10. No province, city,
municipality, or barangay may be
created, divided, merged, abolished,
or its boundary substantially altered,
except in accordance with the
criteria established in the Local
Government Code and subject to
approval by a majority of the votes
cast in a plebiscite in the political
units directly affected.
SECTION 11. The Congress may,
by law, create special metropolitan
political subdivisions, subject to a
plebiscite as set forth in Section 10
hereof. The component cities and
municipalities shall retain their basic
autonomy and shall be entitled to
their own local executives and
legislative assemblies. The
jurisdiction of the metropolitan
authority that will hereby be created
shall be limited to basic services
requiring coordination.
SECTION 12. Cities that are highly
urbanized, as determined by law,
and component cities whose
charters prohibit their voters from
voting for provincial elective
officials, shall be independent of the
province. The voters of component
cities within a province, whose
charters contain no such prohibition,
shall not be deprived of their right to
vote for elective provincial officials.
SECTION 13. Local government
units may group themselves,
consolidate or coordinate their
efforts, services, and resources for
purposes commonly beneficial to
them in accordance with law.
SECTION 14. The President shall
provide for regional development
councils or other similar bodies
composed of local government
officials, regional heads of
departments and other government
offices, and representatives from
non-governmental organizations
within the regions for purposes of
administrative decentralization to
strengthen the autonomy of the
units therein and to accelerate the
economic and social growth and
development of the units in the
region.
Autonomous Region
SECTION 15. There shall be
created autonomous regions in
Muslim Mindanao and in the
Cordilleras consisting of provinces,
cities, municipalities, and
geographical areas sharing common
and distinctive historical and cultural
heritage, economic and social
structures, and other relevant
characteristics within the framework
of this Constitution and the national
sovereignty as well as territorial
integrity of the Republic of the
Philippines.
SECTION 16. The President shall
exercise general supervision over
autonomous regions to ensure that
the laws are faithfully executed.
SECTION 17. All powers, functions,
and responsibilities not granted by
this Constitution or by law to the
autonomous regions shall be vested
in the National Government.
SECTION 18. The Congress shall
enact an organic act for each
autonomous region with the
assistance and participation of the
regional consultative commission
composed of representatives
appointed by the President from a
list of nominees from multisectoral
bodies. The organic act shall define
the basic structure of government
for the region consisting of the
executive department and legislative
assembly, both of which shall be
elective and representative of the
constituent political units. The
organic acts shall likewise provide
for special courts with personal,
family, and property law jurisdiction
consistent with the provisions of this
Constitution and national laws.
The creation of the autonomous
region shall be effective when
approved by majority of the votes
cast by the constituent units in a
plebiscite called for the purpose,
provided that only provinces, cities,
and geographic areas voting
favorably in such plebiscite shall be
included in the autonomous region.
SECTION 19. The first Congress
elected under this Constitution shall,
within eighteen months from the
time of organization of both Houses,
pass the organic acts for the
autonomous regions in Muslim
Mindanao and the Cordilleras.
SECTION 20. Within its territorial
jurisdiction and subject to the
provisions of this Constitution and
national laws, the organic act of
autonomous regions shall provide
for legislative powers over:
(1) Administrative organization;
(2) Creation of sources of revenues;
(3) Ancestral domain and natural
resources;
(4) Personal, family, and property
relations;
(5) Regional urban and rural
planning development;
(6) Economic, social, and tourism
development;
(7) Educational policies;
(8) Preservation and development of
the cultural heritage; and
(9) Such other matters as may be
authorized by law for the promotion
of the general welfare of the people
of the region.
SECTION 21. The preservation of
peace and order within the regions
shall be the responsibility of the
local police agencies which shall be
organized, maintained, supervised,
and utilized in accordance with
applicable laws. The defense and
security of the regions shall be the
responsibility of the National
Government.

29
Accountability of Public Officers

1987 Constitution Draft Provisions


2 7 J une 201 8
Article XIV

SECTION 1 . Public office is a S ECT ION 1. Public office is a


public trust. Public officers public trust. Public officers
and employees must at all and employ ees must at all
times be accountable to the times be accountable to the
people, serve them w ith people, serve them with
utmost responsibility, utmost responsibility,
integrity, loyalty, and integrity, loy alty, and
efficiency, act w ith patriotism efficiency, act with patriotism
and justice, and lead modest and justice, and lead modest
liv es.
SECTION 2 . The President, lives.
S ECT ION 2. The President,
the Vice- President, the the Vice-President, the
Members of the Supreme M embers of the F ederal
Court, the M embers of the Supreme Court, F ederal
Constitutional Comm issions, Constitutional Court, Federal
and the Om budsman may be Administrative Court, Federal
removed from office, on Electoral Court, and the
impeachment for, and M embers of the Constitutional
conviction of, culpable Commissions, may be
violation of the Constitution, remov ed from office on
treason, bribery, graft and impeachment for, and
corruption, other high crimes, conviction of, culpable
or betrayal of public trust. All v iolation of the Constitution,
other public officers and treason, bribery, graft and
employees may be removed corruption, other high crimes,
from office as prov ided by or betrayal of public trust. All
law, but not by impeachment. other public officers and
employees m ay be removed
from office as provided by law
SECTION 3. but
S ECTnot by impeachment.
ION 3. There shall be a
Joint I mpeachment
Committee to be created by
(1) The House of Congress.
Representatives shall hav e
the exclusive pow er to initiate
all cases of impeachment.

( a) Upon its convening, the


Congress shall constitute a
Joint I mpeachment
Committee to be composed of
the President of the Senate
and twelve M embers from
each house.
The Senate President shall act
as its Presiding Officer and
shall not v ote ex cept to break
a tie.

( b) The Members of the


Committee shall be elected by
each house on the basis of
proportional representation of
the political parties in each
house.
( c) The Committee shall be
organized in accordance with
the rules promulgated by
each House. The Committee
shall promulgate its own rules
and procedures.
( d) Any impeachment
complaint shall be filed
directly with the Committee,
w hich shall determine
w hether the complaint is
sufficient in form and
substance.
( e) Upon finding that the
complaint is sufficient in form
and substance, the
Committee shall determine
the ex istence of probable
(cause.
f) If by majority vote, the
Committee finds probable
cause, it shall issue an
indictment resolution together
w ith the Articles of
Im peachment and file it
before the F ederal
Constitutional Court or the
F ederal Administrative Court,
as the case may be.
(2) A verified complaint for
impeachment may be filed by
any M ember of the House of
Representatives or by any
citizen upon a resolution of
endorsement by any M ember
thereof, w hich shall be
included in the Order of
Business within ten session
days, and referred to the
proper C ommittee w ithin
three session days thereafter.
The Committee, after hearing,
and by a majority v ote of all
its Members, shall submit its
report to the House within
sixty session day s from such
referral, together with the
corresponding resolution. The
resolution shall be calendared
for consideration by the
House w ithin ten session days
from receipt thereof.

(3) A vote of at least one-


third of all the Members of
the House shall be necessary
either to affirm a favorable
resolution with the Articles of
Impeachment of the
Committee, or override its
contrary resolution. The vote
of each Mem ber shall be
recorded.

(4) In case the v erified


complaint or resolution of
impeachment is filed by at
least one-third of all the
Members of the House, the
same shall constitute the
Articles of Impeachment, and
trial by the Senate shall
forthw ith proceed.

(5) No impeachment
proceedings shall be initiated
against the sam e official more
than once within a period of
one year.

(6) The Senate shall hav e the


sole power to try and decide
all cases of impeachment.
When sitting for that purpose,
the Senators shall be on oath
or affirm ation. When the
President of the Philippines is
on trial, the Chief Justice of
the Supreme Court shall
preside, but shall not vote. No
person shall be conv icted
without the concurrence of
tw o-thirds of all the Members
of the Senate.

(7) Judgment in cases of


impeachment shall not extend
further than removal from
office and disqualification to
hold any office under the
Republic of the Philippines,
but the party convicted shall
nevertheless be liable and
subject to prosecution, trial,
and punishment according to
law.

(8) The Congress shall


promulgate its rules on
impeachment to effectively
carry out the purpose of this
section.

SECTION 4 . The present


anti-graft court known as the
Sandiganbayan shall continue
to function and exercise its
jurisdiction as now or
hereafter may be prov ided by
law.
SECTION 5 . There is hereby Superseded by
created the independent F ederal Ombudsman
Office of the Ombudsman, Commission
composed of the Ombudsman
to be k nown as Tanodbayan,
one ov erall Deputy and at
least one Deputy each for
Luzon, Visayas, and
Mindanao. A separate Deputy
for the military establishment
may likew ise be appointed.
SECTION 6 . The officials and
employees of the Office of
the Ombudsman, other than
the Deputies, shall be
appointed by the Ombudsman
according to the Civ il Service
Law.
SECTION 7 . The existing
Tanodbayan shall hereafter
be known as the Office of the
Special Prosecutor. It shall
continue to function and
exercise its powers as now or
hereafter may be prov ided by
law, except those conferred
on the Office of the
Ombudsman created under
this Constitution.
SECTION 8 . The
Ombudsman and his Deputies
shall be natural-born citizens
of the Philippines, and at the
time of their appointm ent, at
least forty y ears 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
Ombudsman must have for
ten years or more been a
judge or engaged in the
practicetheir
During of law in thethey shall
tenure,
Philippines.
be subject to the same
disqualifications and
prohibitions as provided for in
Section 2 of Article IX-A of
this Constitution.
SECTION 9 . The
Ombudsman and his Deputies
shall be appointed by the
President from a list of at
least six nominees prepared
by the Judicial and Bar
Council, and from a list of
three nominees for every
vacancy thereafter. Such
appointments shall require no
confirmation. All v acancies
shall be filled within three
months after
SECTION 1 0.they
Theoccur.
Ombudsman and his Deputies
shall have the rank of
Chairman and Members,
respectiv ely, of the
Constitutional Comm issions,
and they shall receive the
same salary, which shall not
be decreased during their
term of office.
SECTION 1 1. The
Ombudsman and his Deputies
shall serve for a term of
seven years without
reappointment. They shall not
be qualified to run for any
office in the election
immediately succeeding their
cessation from office.
SECTION 1 2. The
Ombudsman and his
Deputies, as protectors of the
people, shall act promptly on
complaints filed in any form
or manner against public
officials or employees of the
Government, or any
subdivision, agency or
instrumentality thereof,
including gov ernment-ow ned
or controlled corporations,
and shall, in appropriate
cases, notify the com plainants
of the action taken and the
result thereof.
SECTION 1 3. The Office of
the Ombudsman shall have
the following powers,
functions, and duties:
(1) Investigate on its own, or
on complaint by any person,
any act or omission of any
public official, em ployee,
office or agency, when such
act or omission appears to be
illegal, unjust, improper, or
inefficient.

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.

(3) Direct the officer


concerned to take appropriate
action against a public official
or employ ee at fault, and
recom mend his rem oval,
suspension, demotion, fine,
censure, or prosecution, and
ensure compliance therewith.

(4) Direct the officer


concerned, in any appropriate
case, and subject to such
lim itations as may be
provided by law, to furnish it
with copies of documents
relating to contracts or
transactions entered into by
his office involving the
disbursement or use of public
funds or properties, and
report any irregularity to the
Commission on Audit for
appropriate action.

(5) Request any government


agency for assistance and
inform ation necessary in the
discharge of its
responsibilities, and to
examine, if necessary ,
pertinent records and
documents.

(6) Publicize matters covered


by its investigation w hen
circumstances so w arrant and
with due prudence.

(7) Determine the causes of


inefficiency, red tape,
mismanagement, fraud, and
corruption in the Government
and mak e recommendations
for their elimination and the
observance of high standards
of ethics and efficiency.

(8) Prom ulgate its rules of


procedure and exercise such
other powers or perform such
functions or duties as may be
provided by law.

SECTION 1 4. The Office of


the Ombudsman shall enjoy
fiscal autonom y. Its approv ed
annual appropriations shall be
automatically and regularly
released.
SECTION 1 5. The right of S ECT ION 4. The right of the
the State to recover F ederal Republic to recover
properties unlawfully acquired properties unlawfully acquired
by public officials or by public officials or
employees, from them or employees, from them or
from their nominees or from their nominees or
transferees, shall not be transferees, shall not be
barred by prescription, laches, barred by prescription, laches,
or estoppel. or estoppel.
SECTION 1 6. No loan, S ECT ION 5. No loan,
guaranty, or other form of guaranty, or other form of
financial accom modation for financial accommodation for
any business purpose may be any business purpose may be
granted, directly or indirectly, granted, directly or indirectly,
by any governm ent- owned or by any government-owned or
controlled bank or financial controlled bank or financial
institution to the President, institution to the President,
the Vice- President, the the Vice-President, the
Members of the C abinet, the M embers of the Cabinet, the
Congress, the Supreme Court, Congress, the Federal
and the C onstitutional Supreme Court, F ederal
Commissions, the Constitutional Court, Federal
Ombudsman, or to any firm Administrative Court, Federal
or entity in which they hav e Electoral Court, and the
controlling interest, during Constitutional Commissions,
their tenure. or to any firm or entity in
w hich they have controlling
interest during their tenure.
SECTION 1 7. A public officer S ECT ION 6. A public officer
or employ ee shall, upon or employee shall, upon
assumption of office and as assumption of office and as
often thereafter as may be often thereafter as may be
required by law, submit a required by law , submit a
declaration under oath of his declaration under oath of his
assets, liabilities, and net assets, liabilities, and net
worth. In the case of the w orth. In the case of the
President, the Vice-President, President, the Vice-President,
the M embers of the Cabinet, the Members of the Cabinet,
the Congress, the Supreme the Congress, the F ederal
Court, the Constitutional Supreme Court, F ederal
Commissions and other Constitutional Court, Federal
constitutional offices, and Administrative Court, Federal
officers of the armed forces Electoral Court, the
with general or flag rank, the Constitutional Commissions
declaration shall be disclosed and other Constitutional
to the public in the manner Offices, and officers of the
provided by law. armed forces w ith general or
flag rank, the declaration shall
be disclosed to the public in
the manner provided by law.
SECTION 1 8. Public officers S ECT ION 7. Public officers
and employees owe the State and employ ees ow e the State
and this Constitution and this C onstitution
allegiance at all times, and perpetual allegiance, and any
any public officer or employ ee public officer or employ ee
who seek s to change his w ho seeks to change his
citizenship or acquire the citizenship or acquire the
status of an immigrant of status of an immigrant of
another country during his another country during his
tenure shall be dealt with by tenure shall be dealt with by
law. law.

31
National Economy and Patrimony

1987 Constitution D raft Provis ion s


27 Ju ne 2 018
Article XV

SECTION 1.

SECTION 1 . The goals of the (a) The Philippine Economic


national economy are a more Sy stem seeks an equitable
equitable distribution of distribution of opportunities,
opportunities, income, and income, and wealth thr ough
wealth; a sustained increase in sound and efficient use of
the amount of goods and human and natural resources.
services produced by the nation It is directed at a sustainable
for the benefit of the people; increase in the amount of
and an expanding productiv ity goods and services produced by
as the key to raising the quality the State for the benefit of all
of life for all, especially the sectors of society, especially
underprivileged. the underpriv ileged.
The State shall prom ote (b) The F ederal Republic shall
industrialization and full promote industrialization and
employment based on sound full employ ment based on
agricultural development and sound agricultural development
agrarian reform, through and agrarian reform, and w hich
industries that make full and are competitiv e in both
efficient use of hum an and domestic and foreign markets.
natural resources, and which However, the State shall
are competitive in both protect Filipino enterprises
domestic and foreign markets. against unfair foreign
However, the State shall competition and trade
protect F ilipino enterprises practices.
against unfair foreign
competition
In the pursuitandof trade
these goals, all (c) In the pursuit of these
practices.
sectors of the economy and all goals, all sectors of the
regions of the country shall be economy and all regions of the
given optimum opportunity to country shall be given optimum
develop. Private enterprises, opportunity to develop. Priv ate
including corporations, enterprises, including
cooperatives, and similar corporations, cooperatives, and
collective organizations, shall sim ilar collective organizations,
be encouraged to broaden the shall be encouraged to broaden
base of their ow nership. the base of their ownership.
SECTION 2 . All lands of the SECTIO N 2. All lands of the
public domain, w aters, public domain, waters,
minerals, coal, petroleum, and minerals, coal, petroleum, and
other mineral oils, all forces of other mineral oils, all forces of
potential energy, fisheries, potential energy, fisheries,
forests or timber, w ildlife, flora forests or timber , wildlife, flora
and fauna, and other natural and fauna, and other natural
resources are owned by the resources are owned by the
State. With the exception of State and shall not be
agricultural lands, all other alienated.
natural resources shall not be
alienated. The ex ploration,
development, and utilization of
natural resources shall be under
the full control and supervision
of the State. The State may
directly undertake such
activities, or it may enter into
co-production, joint venture, or
production-sharing agreements
with Filipino citizens, or
corporations or associations at
least sixty per centum of whose
capital is owned by such
citizens. Such agreements may
be for a period not exceeding
tw enty-fiv e years, renewable
for not more than twenty-five
years, and under such terms
and conditions as may be
provided by law. In cases of
water rights for irrigation, w ater
supply, fisheries, or industrial
uses other than the
development of water power,
beneficial use may be the
measure and limit of the grant.
The State shall protect the
nation’s marine wealth in its
archipelagic waters, territorial
sea, and exclusiv e economic
zone, and reserve its use and
enjoyment exclusively to
Filipino citizens.
The Congress may, by law ,
allow small-scale utilization of
natural resources by Filipino
citizens, as well as cooperative
fish farming, with priority to
subsistence fishermen and
fishwork ers in rivers, lak es,
bays, and lagoons. The
President m ay enter into
agreem ents with foreign-owned
corporations involving either
technical or financial assistance
for large-scale exploration,
development, and utilization of
minerals, petroleum, and other
mineral oils according to the
general terms and conditions
provided by law, based on real
contributions to the economic
growth and general welfare of
the country. In such
agreem ents, the State shall
promote the development and
use of local scientific and
technical
The resources.
President shall notify the
Congress of ev ery contract
entered into in accordance with
this provision, within thirty days
from its execution.
SECTION 3.

SECTION 3 . Lands of the (a) L ands of the public domain


public domain are classified into are classified into agricultural,
agricultural, forest or timber, forest or timber, mineral lands,
mineral lands, and national and national parks. Agricultural
parks. Agricultural lands of the lands of the public domain m ay
public domain may be further be further classified by law
classified by law according to according to the uses to which
the uses w hich they may be they may be devoted. Alienable
devoted. Alienable lands of the lands of the public domain shall
public domain shall be limited be limited to agricultural lands
to agricultural lands. which may be further classified
by law as residential,
commercial or industrial.
(b) Filipino citizens and private
corporations or associations
whose shares of stocks are
ow ned or controlled by at least
six ty per centum of Filipino
citizens, may lease not more
than one thousand hectares of
alienable lands of the public
domain for a period not
exceeding tw enty-five years,
renew able for another twenty-
fiv e years.
Private corporations or (c) Citizens of the Philippines
associations may not hold such may lease not more than five
alienable lands of the public hundred hectares of alienable
domain except by lease, for a lands of the public domain or
period not exceeding twenty- acquire not more than twelv e
five y ears, renewable for not hectares thereof by purchase,
more than tw enty-fiv e years, homestead, or grant.
and not to exceed one
thousand hectares in area.
Citizens of the Philippines may
lease not more than fiv e
hundred hectares, or acquire
not more than twelve hectares
thereof by purchase,
homestead, or grant.
Taking into account the (d) Congress may by law
requirements of conservation, change the requirements for
ecology, and dev elopment, and lease of alienable lands under
subject to the requirem ents of this section, considering the
agrarian reform, the Congress general welfare of the people
shall determine, by law, the and the necessities of
size of lands of the public conservation, ecology,
domain w hich may be acquired, development, and agrarian
developed, held, or leased and reform.
the conditions therefor.
SECTION 4.

(a) The ex ploration,


development, and utilization of
natural resources shall be a
shared pow er of the F ederal
and F ederated Regions. Within
their respective competencies,
they may determine the
manner and ex tent of their
explor ation, development, and
utilization. They may directly
undertak e such activ ities, or
they may enter into co-
production, joint venture, or
production-sharing agreements
with F ilipino citizens, or entities
at least sixty per centum of
whose voting capital is owned
by F ilipino citizens. Such
agreements may be for a
period not exceeding twenty-
fiv e years, renewable for
another
(b) Theytwenty-five years.
m ay also enter into
agreements with foreign-owned
corporations involv ing either
technical or financial assistance
for large-scale exploration,
development, and utilization of
minerals, petroleum, and other
mineral oils. They shall notify
their respective legislatures of
every contract entered into
within thirty days from its
execution.
(c) The small-scale utilization of
natural resources by Filipinos,
especially the m arginalized,
shall be allowed and protected.
(d) Congress may by law
change the voting capital
requirement under this section
considering the federal and
regional interest of the people.
SECTIO N 5. The marine
wealth of the nation which lies
in its archipelagic w aters,
territorial sea, and exclusive
economic zone is reserv ed
exclusively to Filipino citizens.
In cases of water rights for
irrigation, water supply,
fisheries, or industrial uses
other than the development of
waterpower, beneficial use may
be the measure and limit of the
grant. C ooperative fish farming,
with priority to subsistence
fishermen and fish workers in
rivers, lakes, bays, and lagoons
shall be allowed and protected.

SECTION 4 . The Congress


shall, as soon as possible,
determine by law the specific
lim its of forest lands and
national parks, marking clearly
their boundaries on the ground.
Thereafter, such forest lands
and national parks shall be
conserved and may not be
increased nor diminished,
except by law . The Congress
shall provide, for such period as
it may determine, measures to
prohibit logging in endangered
forests and watershed areas.
SECTION 5 . The State, subject SECTIO N 9. The Federal
to the prov isions of this Republic shall, subject to the
Constitution and national provisions of this Constitution
development policies and and national development
programs, shall protect the policies and programs, protect
rights of indigenous cultural the rights of indigenous peoples
communities to their ancestral to their ancestral domains and
lands to ensure their economic, lands, and all resources found
social, and cultural w ell-being. therein to ensure their
The Congress may provide for economic, social, and cultural
the applicability of customary well-being. The Congress may
laws governing property rights provide for the applicability of
or relations in determ ining the custom ary laws to govern their
ownership and extent of property rights or relations or
ancestral domain. determine the ownership and
extent of ancestral domain.
SECTIO N 10. The F ederal
Government shall continue to
undertak e an agrarian reform
program. It shall promulgate
policies and guidelines for:
(a) Selection, acquisition, and
distribution of lands for
agrarian reform, which
considers not only the total
area of the lands, but also their
contiguity and potential for
productivity;
(b) Identification of
beneficiaries, which considers
not only individuals, but whole
families and communities and
sim ilar entities;
(c) Provision of complete
system of technical and
financial support for
beneficiaries and small land
ow ners;
(d) and of a system of
Creation
incentives for voluntary offer of
land for agrarian reform and for
the investment of the proceeds
of payments for lands covered
by agrarian reform to promote
industrialization, employm ent,
and agriculture development.
See Art XVI, General Provisions, SECTION 12.
Sec. 11.
(a) The ownership and
management of mass m edia
shall be limited to citizens of
the Philippines, or to
corporations, cooperatives or
associations, w holly- owned
and managed by such citizens.
(b) The Congress shall regulate
or prohibit monopolies in
commercial mass media when
the public interest so requires.
No combinations in restraint of
trade or unfair competition
therein shall be allowed.
(c) The advertising industry is
impressed with public interest,
and shall be regulated by law
for the protection of consumers
and the promotion of the
general welfare.
(d) Only Filipino citizens or
corporations or associations at
least seventy percent of the
capital of w hich is owned by
such citizens shall be allowed to
engage in the adv ertising
industry.
(e) The participation of foreign
inv estors in the governing body
of entities in such industry shall
be limited to their proportionate
share in the capital thereof, and
all the executive and managing
officers of such entities must be
citizens of the Philippines.
SECTIO N 13. See 1987
Constitution, this Article,
Section 11.

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

1987 Constitution D raf t Provis ion s


27 Ju ne 2 018
Article XIII Article XVI

SECTION 1.

SECTION 1 . The Congress ( a) The Federal Congress shall


shall giv e highest priority to give highest priority to the
the enactment of measures enactment of measures that
that protect and enhance the protect and enhance the right
right of all the people to of all the people to human
human dignity , reduce social, dignity, reduce social,
economic, and political economic, and political
inequalities, and remove inequalities, and remov e
cultural inequities by equitably cultural inequities by equitably
diffusing wealth and political diffusing wealth and political
power for the common good. power for the common good.
To this end, the State shall ( b) To this end, the State shall
regulate the acquisition, regulate the acquisition,
ownership, use, and ownership, use, and
disposition of property and its disposition of property and its
increments.
SECTION 2 . The promotion S increments.
ECT ION 2 . The promotion
of social justice shall include of social justice shall include
the commitment to create the com mitment to create
economic opportunities based economic opportunities based
on freedom of initiative and on freedom of initiative and
self-reliance. self-reliance.
Labor SECTION 3.

SECTION 3 . The State shall ( a) The Federal R epublic shall


afford full protection to labor, protect the rights of labor,
local and overseas, organized particularly the right to just
and unorganized, and and living wages, security of
promote full employment and employment, organization,
equality of employment and redress of grievances.
opportunities for all.
It shall guarantee the rights of
all w orkers to self-
organization, collectiv e
bargaining and negotiations,
and peaceful concerted
activities, including the right
to strike in accordance with
law. They shall be entitled to
security of tenure, humane
conditions of work , and a
liv ing w age. They shall also
participate in policy and
decision-making processes
affecting their rights and
benefits as may be prov ided
by law
The . shall prom ote the
State
principle of shared
responsibility between
work ers and employ ers and
the preferential use of
voluntary modes in settling
disputes, including
conciliation, and shall enforce
their mutual compliance
therewith to foster industrial
peace. The State shall
regulate the relations between
work ers and employ ers,
recognizing the right of labor
to its just share in the fruits of
production and the right of
enterprises to reasonable
returns on investments, and
to expansion and growth.
( b) No person shall be denied
employment by reason of age,
gender, political or religious
belief, ethnicity, status,
physical appearance or
disability, and other conditions
that amount to discrimination.
( c) I n all enterprises,
industries and work
opportunities, citizens of the
Philippines shall be given
employment preference when
they possess the necessary
qualifications.
( d) Citizens of the Philippines
w orking overseas shall be
protected by the F ederal
R epublic against inhumane
treatment by their employers.
Those under investigation, or
trial for com mission of a crime
shall be provided legal
representation to ensure the
protection of their rights.
( e) The Federal R epublic shall
promote employment
opportunities, and pursue the
economic goal of full-
employment. Persons with
disability shall be provided
opportunities for gainful
employment and the priv ate
sector shall be given
incentives to employ them.
Agrarian and Natural
Resources Reform
SECTION 4.

SECTION 4 . The State shall, ( a) The Federal R epublic shall,


by law , undertak e an agrarian by law, undertake an agrarian
reform program founded on reform program founded on
the right of farmers and the right of farmers and
regular farmw orkers, who are regular farmw orkers, who are
landless, to own directly or landless, to own directly or
collectively the lands they till collectively the lands they till
or, in the case of other or, in the case of other
farmworkers, to receive a just farmwork ers, to receive a just
share of the fruits thereof. To share of the fruits thereof. To
this end, the State shall this end, the State shall
encourage and undertake the encourage and undertake the
just distribution of all just distribution of all
agricultural lands, subject to agricultural lands, subject to
such priorities and reasonable such priorities and reasonable
retention lim its as the retention limits as the
Congress may prescribe, Congress may prescribe,
taking into account ecological, taking into account ecological,
developmental, or equity dev elopmental, or equity
considerations, and subject to considerations, and subject to
the payment of just the payment of just
compensation. In determining compensation. In determining
retention lim its, the State shall retention limits, the State shall
respect the right of small respect the right of small
landowners. The State shall landowners. The State shall
further provide incentives for further provide incentives for
voluntary land-sharing. v oluntary land-sharing.
( b) All farmers and fisher folks
hav e the right to a just share
in the fruits of their labor, to
be prov ided comprehensive
financial and technical
support, including technology
and research, and to the
preferential use and access to
the natural resources of the
Philippines.
( c) The State encourages the
establishment of cooperativ e
farm and fishing communities
and shall supply, as far as
practicable, the necessary
support and empowerment to
such entities.
SECTION 5 . The State shall S ECT ION 5 . The F ederal
recognize the right of farmers, R epublic shall recognize the
farmworkers, and landowners, right of farmers, farmwork ers,
as w ell as cooperativ es, and and landowners, as well as
other independent farmers’ cooperatives, and other
organizations to participate in independent farmers’
the planning, organization, organizations to participate in
and managem ent of the the planning, organization,
program, and shall provide and management of the
support to agriculture through program, and shall provide
appropriate technology and support to agriculture through
research, and adequate appropriate technology and
financial, production, research, and adequate
marketing, and other support financial, production,
services. m arketing, and other support
services.
SECTION 6.

SECTION 6 . The State shall ( a) The Federal R epublic shall


apply the principles of apply the principles of
agrarian reform or agrarian reform or
stewardship, whenev er stew ardship, whenever
applicable in accordance with applicable in accordance w ith
law, in the disposition or law, in the disposition or
utilization of other natural utilization of other natural
resources, including lands of resources, including lands of
the public domain under lease the public dom ain under lease
or concession suitable to or concession suitable to
agriculture, subject to prior agriculture, subject to prior
rights, homestead rights of rights, homestead rights of
small settlers, and the rights small settlers, and the rights
of indigenous com munities to of indigenous communities to
their ancestral lands. their ancestral lands.
The State may resettle ( b) The Federal Republic may
landless farmers and resettle landless farmers and
farmworkers in its ow n farmwork ers in its ow n
agricultural estates w hich shall agricultural estates w hich shall
be distributed to them in the be distributed to them in the
manner provided by law. m anner provided by law.
SECTION 7 . The State shall S ECT ION 7 . The F ederal
protect the rights of R epublic shall protect the
subsistence fishermen, rights of subsistence
especially of local fishermen, especially of local
communities, to the communities, to the
preferential use of local preferential use of local
marine and fishing resources, m arine and fishing resources,
both inland and offshore. It both inland and offshore. I t
shall provide support to such shall provide support to such
fishermen through appropriate fishermen through appropriate
technology and research, technology and research,
adequate financial, adequate financial,
production, and m arketing production, and marketing
assistance, and other services. assistance, and other services.
The State shall also protect, The Federal Republic shall
develop, and conserve such also protect, develop, and
resources. The protection conserve such resources. The
shall extend to offshore protection shall extend to
fishing grounds of subsistence offshore fishing grounds of
fishermen against foreign subsistence fishermen against
intrusion. Fishw orkers shall foreign intrusion. Fish w orkers
receive a just share from their shall receiv e a just share from
labor in the utilization of their labor in the utilization of
marine and fishing resources. m arine and fishing resources.
SECTION 8 . The State shall S ECT ION 8 . The F ederal
provide incentives to R epublic shall provide
landowners to invest the incentives to landowners to
proceeds of the agrarian invest the proceeds of the
reform program to promote agrarian reform program to
industrialization, employment promote industrialization,
creation, and priv atization of employment creation, and
public sector enterprises. privatization of public sector
Financial instruments used as enterprises. F inancial
payment for their lands shall instruments used as pay ment
be honored as equity in for their lands shall be
enterprises of their choice. honored as equity in
enterprises of their choice.
Urban Land Reform and Housing

SECTION 9 . The State shall, S ECT ION 9 . The F ederal


by law , and for the common R epublic shall, by law, and for
good, undertake, in the com mon good, undertake,
cooperation with the public in cooperation with the public
sector, a continuing program sector, a continuing program
of urban land reform and of urban land reform and
housing which will make housing which will make
available at affordable cost available at affordable cost
decent housing and basic decent housing and basic
services to underprivileged services to underpriv ileged
and homeless citizens in and homeless citizens in
urban centers and urban centers and
resettlements areas. It shall resettlements areas. I t shall
also promote adequate also promote adequate
employment opportunities to employment opportunities to
such citizens. I n the such citizens. In the
implementation of such implementation of such
program the State shall program the State shall
respect the rights of small respect the rights of small
property owners. property
SECTIONowners.
10.

SECTION 1 0. Urban or rural ( a) Urban or rural poor


poor dwellers shall not be dwellers shall not be ev icted
evicted nor their dwellings nor their dw ellings
demolished, except in dem olished, except in
accordance with law and in a accordance with law and in a
just and hum ane manner. just and humane manner.
No resettlement of urban or ( b) No resettlement of urban
rural dwellers shall be or rural dwellers shall be
undertaken without adequate undertaken without adequate
consultation with them and consultation with them and
the communities where they the com munities w here they
are to be relocated. are to be relocated.
Health

SECTION 1 1. The State shall S ECT ION 1 1. The Federal


adopt an integrated and R epublic shall adopt an
comprehensive approach to integrated and comprehensive
health development which approach to health
shall endeav or to make dev elopment and make
essential goods, health and universal health care
other social services available available. Priority shall be
to all the people at affordable given to the needs of the
cost. There shall be priority underpriv ileged, sick, elderly,
for the needs of the disabled, women, and
underprivileged sick, elderly, children. The F ederal Republic
disabled, women, and and its Federated Regions
children. The State shall shall endeavor to provide free
endeavor to provide free m edical care to paupers.
medical care
SECTION toThe
1 2. paupers.
State shall
S ECT ION 1 2. The Federal
establish and maintain an R epublic shall establish and
effective food and drug m aintain an effective food and
regulatory system and drug regulatory system, and
undertake appropriate health undertake appropriate health
manpower development and m anpower development and
research, responsive to the research, responsive to the
country’s health needs and country’s health needs and
problems. problems.
SECTION 1 3. The State shall S ECT ION 1 3. The Federal
establish a special agency for R epublic shall maintain a
disabled persons for special agency for disabled
rehabilitation, self- persons for rehabilitation, self-
development and self- dev elopment and self-
reliance, and their integration reliance, and their integration
into the mainstream of into the mainstream of
society.
Women society.

SECTION 1 4. The State shall S ECT ION 1 4. The Federal


protect w orking women by R epublic shall protect w orking
providing safe and healthful w omen by providing safe and
work ing conditions, taking healthful w orking conditions,
into account their maternal taking into account their
functions, and such facilities m aternal functions, and such
and opportunities that will facilities and opportunities
enhance their welfare and that will enhance their welfare
enable them to realize their and enable them to realize
full potential in the service of their full potential in the
the nation. service of the nation.
Role and Rights of People’s
Organizations
SECTION 1 5. The State shall ( a) The Federal R epublic shall
respect the role of respect the role of
independent people’s independent people’s
organizations to enable the organizations to enable the
people to pursue and protect, people to exercise their right
within the democratic to pursue and protect, within
framework, their legitim ate the democratic framework,
and collective interests and their legitimate and collective
aspirations through peaceful interests and aspirations
and lawful means. through peaceful and law ful
People’s organizations are (mc)eans.
People’s organizations are
bona fide associations of bona fide associations of
citizens w ith demonstrated citizens with demonstrated
capacity to promote the public capacity to promote the public
interest and w ith identifiable interest and with identifiable
leadership, m embership, and leadership, membership, and
structure. structure.
SECTION 1 6. The right of ( b) The right of the people
the people and their and their organizations to
organizations to effective and effectiv e and reasonable
reasonable participation at all participation at all levels of
levels of social, political, and social, political, and economic
economic decision-making decision-making shall not be
shall not be abridged. The abridged. The F ederal
State shall, by law, facilitate R epublic shall, by law,
the establishment of adequate facilitate the establishment of
consultation mechanisms. adequate consultation
Human Rights m echanisms.

34
SECTION 17.

(1) There is hereby created an Superseded by Federal


independent office called the Commission on Human R ights
Commission on Human Rights.

(2) The Commission shall be


composed of a Chairman and
four M embers who must be
natural- born citizens of the
Philippines and a majority of
whom shall be members of
the Bar. The term of office
and other qualifications and
disabilities of the Members of
the Commission shall be
provided by law.

(3) Until this Commission is


constituted, the existing
Presidential Committee on
Human Rights shall continue
to exercise its present
functions and pow ers.

(4) The approved annual


appropriations of the
Commission shall be
automatically and regularly
released.

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;

(2) Adopt its operational


guidelines and rules of
procedure, and cite for
contempt for violations
thereof in accordance with the
Rules of Court;

(3) Prov ide appropriate legal


measures for the protection of
human rights of all persons
within the Philippines, as well
as F ilipinos residing abroad,
and provide for preventive
measures and legal aid
services to the
underprivileged w hose human
rights have been violated or
need protection;

(4) Exercise visitorial pow ers


over jails, prisons, or
detention facilities;

(5) Establish a continuing


program of research,
education, and information to
enhance respect for the
primacy of human rights;

(6) Recomm end to the


Congress effective measures
to promote human rights and
to provide for compensation
to victims of violations of
human rights, or their
families;

(7) M onitor the Philippine


Government’s compliance w ith
international treaty obligations
on human rights;

(8) Grant immunity from


prosecution to any person
whose testimony or whose
possession of documents or
other evidence is necessary or
convenient to determine the
truth in any investigation
conducted by it or under its
authority ;

(9) Request the assistance of


any department, bureau,
office, or agency in the
performance of its functions;

(10) Appoint its officers and


employees in accordance w ith
law; and

(11) Perform such other


duties and functions as may
be prov ided by law.

SECTION 1 9. The Congress


may provide for other cases of
violations of human rights that
should fall within the authority
of the Commission, taking into
account its recommendations.

35
The Family

1987 Constitution Draft Provisions


27 June 2018
Article XVIII
SECTION 1. The State recognizes SECTION 1. The Federal Republic
the Filipino family as the recognizes the Filipino family as
foundation of the nation. the foundation of the nation.
Accordingly, it shall strengthen itsAccordingly, it shall strengthen its
solidarity and actively promote its solidarity and actively promote its
total development. total development.
SECTION 2. Marriage, as an SECTION 2. Marriage, as an
inviolable social institution, is the
inviolable social institution, is the
foundation of the family and shall foundation of the family and shall
be protected by the State. be protected by the Federal
Republic.
SECTION 3. The State shall SECTION 3. The Federal Republic
defend: shall defend:
(1) The right of spouses to found a (a) The right of spouses to found a
family in accordance with their family in accordance with their
religious convictions and the religious convictions and the
demands of responsible demands of responsible
parenthood; parenthood;

(2) The right of children to (b) The right of children to


assistance, including proper care assistance, including proper care
and nutrition, and special and nutrition, and special
protection from all forms of protection from all forms of
neglect, abuse, cruelty, neglect, abuse, cruelty,
exploitation, and other conditions exploitation, and other conditions
prejudicial to their development; prejudicial to their development;

(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

1987 Constitution Draft Provisions


2 7 Jun e 20 18
Article XVII

Education

SECTION 1 . The State shall SECTION 1 . The Federal


protect and promote the right of Republic shall protect and
all citizens to quality education at promote the right of all citizens to
all levels and shall take quality education at all lev els, and
appropriate steps to make such shall take appropriate steps to
education accessible to all. make such education accessible
SECTION 2 . The State shall: to all.
SECTION 2 . The Federal
Republic shall:
(1) Establish, maintain, and (a) Establish, maintain, and
support a complete, adequate, support a complete, adequate,
and integrated system of and integrated system of
education relevant to the needs education relevant to the needs
of the people and society; of the people and society;

(2) Establish and maintain a (b) Establish and maintain a


sy stem of free public education in system of free public education in
the elementary and high school the kindergarten, elementary,
levels. Without limiting the secondary, and tertiary levels.
natural right of parents to rear Without limiting the natural right
their children, elementary of parents to rear their children,
education is compulsory for all kindergarten, elementary, and
children of school age; secondary education are
compulsory for all;

(3) Establish and maintain a (c) Establish and maintain a


sy stem of scholarship grants, system of scholarship grants,
student loan programs, subsidies, student loan programs, subsidies,
and other incentiv es w hich shall and other incentiv es w hich shall
be available to deserv ing students be available to deserving students
in both public and priv ate in both public and private
schools, especially to the schools, especially to the
underprivileged; underprivileged;

(4) Encourage non-formal, (d) Encourage non-formal,


inform al, and indigenous learning inform al, and indigenous learning
sy stem s, as well as self-learning, system s, as well as self- learning,
independent, and out-of-school independent, and out-of-school
study program s particularly those study programs, particularly those
that respond to community that respond to community
needs; and needs; and

(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.

(1) All educational institutions (a) All educational institutions


shall include the study of the shall include the study of the
Constitution as part of the Federal Constitution, and
curricula. Philippine History and Culture as
part of the curricula.
(2) They shall inculcate patriotism (b) They shall inculcate patriotism
and nationalism, foster lov e of and nationalism, foster lov e of
humanity, respect for human humanity, respect for human
rights, appreciation of the role of rights, appreciation of the role of
national heroes in the historical national heroes in the historical
development of the country, development of the country,
teach the rights and duties of teach the rights and duties of
citizenship, strengthen ethical and citizenship, strengthen ethical and
spiritual values, develop moral spiritual values, develop moral
character and personal discipline, character and personal discipline,
encourage critical and creative encourage critical and creative
thinking, broaden scientific and thinking, broaden scientific and
technological knowledge, and technological k nowledge, and
promote v ocational efficiency. promote vocational efficiency.

(3) At the option expressed in (c) At the option expressed in


writing by the parents or writing by the parents or
guardians, religion shall be guardians, religion shall be
allow ed to be taught to their allow ed to be taught to their
children or wards in public children or wards in public
elementary and high schools elementary and high schools
within the regular class hours by within the regular class hours by
instructors designated or instructors designated or
approved by the religious approved by the religious
authorities of the religion to authorities of the religion to
which the children or wards which the children or wards
belong, without additional cost to belong, without additional cost to
the Gov ernment. the Government.

SECTION 4. SECTION 4.

(1) The State recognizes the (a) The Federal Republic


complementary roles of public recognizes the complementary
and priv ate institutions in the roles of public and private
educational system and shall institutions in the educational
exercise reasonable superv ision system and shall exercise
and regulation of all educational reasonable supervision and
institutions. regulation of all educational
institutions.

(2) Educational institutions, other (b) Educational institutions, other


than those established by than those established by
religious groups and mission religious groups and mission
boards, shall be owned solely by boards, shall be owned solely by
citizens of the Philippines or citizens of the Philippines or
corporations or associations at corporations or associations at
least sixty per centum of the least sixty per centum of the
capital of which is owned by such capital of which is owned by such
citizens. The Congress may , citizens. The Congress may ,
however, require increased howev er, require increased
Filipino equity participation in all Filipino equity participation in all
educational institutions. educational institutions.

The control and administration of (c) The control and administration


educational institutions shall be of educational institutions shall be
vested in citizens of the vested in citizens of the
Philippines. Philippines.
No educational institution shall be (d) No educational institution
established exclusively for aliens shall be established exclusively
and no group of aliens shall for aliens and no group of aliens
comprise m ore than one-third of shall comprise more than one-
the enrollment in any school. The third of the enrollment in any
provisions of this subsection shall school. The provisions of this
not apply to schools established subsection shall not apply to
for foreign diplomatic personnel schools established for foreign
and their dependents and, unless diplomatic personnel and their
otherwise provided by law , for dependents and, unless otherw ise
other foreign temporary provided by law, for other foreign
residents.
(3) All revenues and assets of temporary residents.
(e) All revenues and assets of
non-stock, non-profit educational non- stock, non-profit educational
institutions used actually, directly, institutions educational
and exclusively for educational institutions used actually, directly,
purposes shall be exempt from and exclusively for educational
taxes and duties. Upon the purposes shall be exempt from
dissolution or cessation of the taxes and duties. Upon the
corporate existence of such dissolution or cessation of the
institutions, their assets shall be corporate existence of such
disposed of in the manner institutions, their assets shall be
provided by law. disposed of in the manner
provided by law

Proprietary educational (f) Proprietary educational


institutions, including those institutions, including those
cooperatively owned, may cooperatively owned, may
lik ewise be entitled to such lik ewise be entitled to such
exemptions subject to the exemptions subject to the
lim itations provided by law limitations provided by law
including restrictions on dividends including restrictions on dividends
and provisions for reinv estment. and pr ovisions for reinv estment.
(4) Subject to conditions (g) Subject to conditions
prescribed by law , all grants, prescribed by law, all grants,
endowments, donations, or endowments, donations, or
contributions used actually, contributions used actually,
directly, and exclusively for directly, and exclusively for
educational purposes shall be educational purposes shall be
exempt from tax. exempt from tax.

(h) Accreditation may be pursued


as a means to continually
im prove the institutions of
education. Educational institutions
on an autonomous status shall be
given incentiv es.
SECTION 5. SECTION 5.

(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.

(2) Academic freedom shall be (b) Academic freedom shall be


enjoyed in all institutions of enjoyed in all institutions of
higher learning. higher learning.

(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 6 . The national (a) The national language of the


language of the Philippines is Philippines is Filipino. As it
Filipino. As it evolves, it shall be evolves, it shall be further
further developed and enriched developed and enriched on the
on the basis of ex isting Philippine basis of existing Philippine and
and other languages. other languages.
Subject to provisions of law and (b) Subject to provisions of law,
as the Congress may deem the F ederal Governm ent shall
appropriate, the Government take steps to initiate and sustain
shall take steps to initiate and the use of Filipino and English as
sustain the use of Filipino as a a medium of official
medium of official communication communication, and as language
and as language of instruction in of instruction in the educational
the educational system. system .
SECTION 7.

SECTION 7 . For purposes of (a) For purposes of


communication and instruction, communication and instruction,
the official languages of the the official languages of the
Philippines are Filipino and, until Philippines are Filipino, and until
otherwise provided by law , otherwise provided by law ,
English. English.
(b) F ilipinos have the right to
protect and preserve their local
language as part of the cultural
treasures and heritage of the
nation.
The regional languages are the (c) The regional languages are
auxiliary official languages in the the auxiliary official languages in
regions and shall serve as the regions and shall serv e as
auxiliary media of instruction auxiliary media of instruction
therein.
Spanish and Arabic shall be therein.
(d) Spanish and Arabic shall be
promoted on a voluntary and promoted on a voluntary and
optional basis. optional basis.
SECTION 8 . This Constitution SECTION 8 . This Federal
shall be promulgated in F ilipino Constitution shall be promulgated
and English and shall be in Filipino and English and shall
translated into major regional be translated into major
languages, Arabic, and Spanish. languages of the different
Federated 9.
SECTION R egions.

SECTION 9 . The Congress shall (a) The Federal Congress shall


establish a national language establish a national language
commission composed of commission composed of
representatives of various regions representatives from each
and disciplines which shall Federated R egion w hich shall
undertake, coordinate, and undertake, coordinate, and
promote researches for the promote researches for the
development, propagation, and development, propagation,
preservation of Filipino and other protection, and preservation of
languages. the F ilipino language.
(b) The Federal Republic shall
protect and preserve regional
languages and dialects as part of
the cultural treasures and
heritage of the nation.
Science and Technology

SECTION 10.

SECTION 1 0. Science and (a) Science and technology are


technology are essential for essential for development and
national development and progress. The Federal Republic
progress. The State shall give shall giv e priority to research and
priority to research and development, invention,
development, invention, innov ation, and their utilization;
innov ation, and their utilization; and to science and technology
and to science and technology education, training, and serv ices.
education, training, and serv ices. It shall support indigenous,
It shall support indigenous, appropriate, and self-reliant
appropriate, and self-reliant scientific and technological
scientific and technological capabilities, and their application
capabilities, and their application to the country’s productive
to the country’s productiv e system s and national life.
sy stem s and national life.
(b) The Federal Government and
the F ederated Regions shall
provide the necessary funding,
education, training and support
services to further develop the
Filipino skill and talent, including
knowledge transfers from other
jurisdictions.
SECTION 1 1. The Congress may SECTION 1 1. The Federal
provide for incentives, including Congress may prov ide for
tax deductions, to encourage incentives, including tax
private participation in programs deductions, to encourage private
of basic and applied scientific participation in programs of basic
research. Scholarships, grants- in- and applied scientific research.
aid, or other forms of incentives Scholarships, grants-in-aid, or
shall be provided to deserv ing other forms of incentives shall be
science students, researchers, provided to deserv ing science
scientists, inventors, students, researchers, scientists,
technologists, and specially gifted inventors, technologists, and
citizens. specially gifted citizens.
SECTION 1 2. The State shall SECTION 1 2. The Federal
regulate the transfer and promote Republic shall regulate the
the adaptation of technology from transfer and prom ote the
all sources for the national adaptation of technology from all
benefit. It shall encourage the sources for the benefit of the
widest participation of private people. It shall encourage the
groups, local gov ernments, and widest participation of private
community -based organizations in groups, local gov ernments, and
the generation and utilization of community- based organizations in
science and technology. the generation and utilization of
science and technology.

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.

SECTION 1 4. The State shall (a) The preservation, enrichment,


foster the preservation, and dy namic evolution of a
enrichment, and dy namic Filipino national culture based on
evolution of a Filipino national the principle of unity in div ersity
culture based on the principle of in a climate of free artistic and
unity in div ersity in a climate of intellectual ex pression shall be
free artistic and intellectual nurtured by the F ilipino and
expression. protected by the F ederal Republic
and its Federated Regions.
(b) The Federal Republic shall
protect the historical and cultural
heritage resources of the Filipino
people in respect of the right of
future generations to enjoy the
same.
SECTION 1 5. Arts and letters SECTION 1 5. Arts and letters
shall enjoy the patronage of the shall enjoy the patronage of the
State. The State shall conserve, Federal R epublic. It shall
promote, and popularize the conserve, promote, and
nation’s historical and cultural popularize the nation’s historical
heritage and resources, as well as and cultural heritage and
artistic creations. resources, as well as artistic
SECTION 1 6. All the country’s creations. 1 6. All the artistic and
SECTION
artistic and historic wealth historic wealth of the Nation
constitutes the cultural treasure constitutes the cultural treasure
of the nation and shall be under of the people and shall be under
the protection of the State w hich the protection of the Federal
may regulate its disposition. Republic which may regulate its
disposition in accordance with
this F ederal Constitution.
SECTION 1 7. The State shall SECTION 1 7. The Federal
recognize, respect, and protect Republic shall recognize, respect,
the rights of indigenous cultural and pr otect the rights of
communities to preserve and indigenous cultural com munities
develop their cultures, traditions, to preserve and dev elop their
and institutions. It shall consider cultures, traditions, and
these rights in the formulation of institutions. It shall consider
national plans and policies. these rights in the formulation of
federal and regional plans and
policies.
SECTION 1 8. The Congress may
create a consultative body to
advise the President on policies
affecting indigenous cultural
communities, the majority of the
members of w hich shall come
from such communities.
SECTION 18. SECTION 19.

(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

SECTION 19. SECTION 20.

(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.

(2) All educational institutions (b) All educational institutions


shall undertak e regular sports shall undertak e regular sports
activities throughout the country activities throughout the country
in cooperation with athletic clubs in cooperation with athletic clubs
and other sectors. and other sectors.

38
General Provisions

1987 Constitution Draft Provisions


27 June 2018
SECTION 1. The flag of the
Philippines shall be red, white,
and blue, with a sun and three
stars, as consecrated and
honored by the people and
recognized by law.
SECTION 2. The Congress
may, by law, adopt a new
name for the country, a
national anthem, or a national
seal, which shall all be truly
reflective and symbolic of the
ideals, history, and traditions
of the people. Such law shall
take effect only upon its
ratification by the people in a
national referendum.
SECTION 3. The State may
not be sued without its
consent.
SECTION 4. The Armed
Forces of the Philippines shall
be composed of a citizen
armed force which shall
undergo military training and
serve, as may be provided by
law. It shall keep a regular
force necessary for the
security of the State.
SECTION 5.
(1) All members of the armed
forces shall take an oath or
affirmation to uphold and
defend this Constitution.

(2) The State shall strengthen


the patriotic spirit and
nationalist consciousness of
the military, and respect for
people’s rights in the
performance of their duty.

(3) Professionalism in the


armed forces and adequate
remuneration and benefits of
its members shall be a prime
concern of the State. The
armed forces shall be
insulated from partisan
politics.

No member of the military


shall engage directly or
indirectly in any partisan
political activity, except to
vote.

(4) No member of the armed


forces in the active service
shall, at any time, be
appointed or designated in
any capacity to a civilian
position in the Government
including government-owned
or controlled corporations or
any of their subsidiaries.

(5) Laws on retirement of


military officers shall not allow
extension of their service.

(6) The officers and men of


the regular force of the armed
forces shall be recruited
proportionately from all
provinces and cities as far as
practicable.

(7) The tour of duty of the


Chief of Staff of the armed
forces shall not exceed three
years. However, in times of
war or other national
emergency declared by the
Congress, the President may
extend such tour of duty.

SECTION 6. The State shall


establish and maintain one
police force, which shall be
national in scope and civilian
in character, to be
administered and controlled
by a national police
commission. The authority of
local executives over the
police units in their jurisdiction
shall be provided by law.
SECTION 7. The State shall
provide immediate and
adequate care, benefits, and
other forms of assistance to
war veterans and veterans of
military campaigns, their
surviving spouses and
orphans. Funds shall be
provided therefor and due
consideration shall be given
them in the disposition of
agricultural lands of the public
domain and, in appropriate
cases, in the utilization of
natural resources.
SECTION 8. The State shall,
from time to time, review to
upgrade the pensions and
other benefits due to retirees
of both the government and
the private sectors.
SECTION 9. The State shall
protect consumers from trade
malpractices and from
substandard or hazardous
products.
SECTION 10. The State shall
provide the policy
environment for the full
development of Filipino
capability and the emergence
of communication structures
suitable to the needs and
aspirations of the nation and
the balanced flow of
information into, out of, and
across the country, in
accordance with a policy that
respects the freedom of
speech and
SECTION 11.of the press. See Article XV, Section 12
(1) The ownership and
management of mass media
shall be limited to citizens of
the Philippines, or to
corporations, cooperatives or
associations, wholly-owned
and managed by such citizens.

The Congress shall regulate or


prohibit monopolies in
commercial mass media when
the public interest so requires.
No combinations in restraint of
trade or unfair competition
therein shall be allowed.

(2) The advertising industry is


impressed with public interest,
and shall be regulated by law
for the protection of
consumers and the promotion
of the general welfare.

Only Filipino citizens or


corporations or associations at
least seventy per centum of
the capital of which is owned
by such citizens shall be
allowed to engage in the
advertising industry.

The participation of foreign


investors in the governing
body of entities in such
industry shall be limited to
their proportionate share in
the capital thereof, and all the
executive and managing
officers of such entities must
be citizens of the Philippines.

SECTION 12. The Congress


may create a consultative
body to advise the President
on policies affecting
indigenous cultural
communities, the majority of
the members of which shall
come from such communities.

39
Amendments or Revisions

1987 Constitution Draft Provisions


27 June 2018
SECTION 1. Any amendment to,
or revision of, this Constitution
may be proposed by:
(1) The Congress, upon a vote of
three-fourths of all its Members; or

(2) A constitutional convention.

SECTION 2. Amendments to this


Constitution may likewise be
directly proposed by the people
through initiative upon a petition
of at least twelve per centum of
the total number of registered
voters, of which every legislative
district must be represented by at
least three per centum of the
registered voters therein. No
amendment under this section
shall be authorized within five
years following the ratification of
this Constitution nor oftener than
once every fiveshall
The Congress years thereafter.
provide for the
implementation of the exercise of
this right.
SECTION 3. The Congress may,
by a vote of two-thirds of all its
Members, call a constitutional
convention, or by a majority vote
of all its Members, submit to the
electorate the question of calling
such a convention.
SECTION 4. Any amendment to,
or revision of, this Constitution
under Section 1 hereof shall be
valid when ratified by a majority of
the votes cast in a plebiscite which
shall be held not earlier than sixty
days nor later than ninety days
after the approval of such
amendment or revision.
Any amendment under Section 2
hereof shall be valid when ratified
by a majority of the votes cast in a
plebiscite which shall be held not
earlier than sixty days nor later
than ninety days after the
certification by the Commission on
Elections of the sufficiency of the
petition.

40
National Security and Public Order

1987 Constitution Draft Provisions


27 June 2018
SECTION 1. The flag of the
Philippines shall be red, white, and
blue, with a sun and three stars, as
consecrated and honored by the
people and recognized by law.
SECTION 2. The Federal Congress
may, by law, adopt a new name for
the country, a national anthem, or a
national seal, which shall all be truly
reflective and symbolic of the ideals,
history, and traditions of the people.
Such law shall take effect upon its
ratification by majority of the votes
cast in every Federated Region in a
national referendum.
SECTION 3. The Federal Republic
may not be sued without its
consent.
SECTION 4.
(a) The Armed Forces of the
Philippines shall be composed of a
citizen armed force which shall
undergo military training and serve,
as mandated by this Constitution
and as may be provided by law. It
shall keep a regular force necessary
for the security of the Federal
Republic.
(b) It shall be the duty of the
Armed Forces of the Philippines to
protect and secure the sovereignty
of the Federal Republic and its
territory including its land, air, sea,
space and cyberspace, preserve
national peace and support social
and economic development.
SECTION 5.
(a) All members of the Armed
Forces shall take an oath or
affirmation to uphold and defend
this The
(b) Constitution.
Armed Forces shall respect
and uphold the rights of the people.
(c) Professionalism in the Armed
Forces and adequate remuneration
and benefits of its members shall be
a prime concern of the Federal
Republic.
(d) The Armed Forces shall be
insulated from partisan politics. No
member of the Armed Forces shall
engage directly or indirectly in any
partisan political activity, except to
vote.
(e) No member of the Armed Forces
in the active service shall, at any
time, be appointed or designated in
any capacity to a civilian position in
the government, including
government-owned or controlled
corporations or any of their
subsidiaries.
(f) Laws on retirement of officers of
the Armed Forces of the Philippines
and other armed services shall not
allow extension of service except
during times of war or other
national emergency as may be
declared by Congress or the
President, as the case may be.
(g) The officers and personnel of
the regular force of the armed
forces shall be recruited
proportionately from all Federated
Regions as far as practicable.
(h) The tour of duty of the Chief of
Staff of the Armed Forces of the
Philippines, the Chief, Philippine
National Police, and the
Commandant of the Philippine Coast
Guard, shall not be less than two
(2) years and not more than three
(3) years from the time of
appointment, unless sooner
removed by the President for loss of
trust and confidence. They shall not
be extended beyond compulsory
retirement age, except in times of
war or other national emergency, as
declared by Congress or the
President, as
SECTION 6. the
Thecase
Policemay be. shall
Force
be Federal in scope and civilian in
character, to be administered and
controlled by a Federal Public Safety
and Police Commission.
SECTION 7. The Federal Republic
shall establish and maintain a
Philippine Coast Guard as an armed
and uniformed service responsible
for maritime search and rescue,
maritime law enforcement, maritime
safety, maritime environmental
protection, maritime security, and
other function as may be provided
by law.
SECTION 8. The Federal Republic
shall provide immediate and
adequate healthcare, benefits, and
other forms of assistance including
preferential rights to housing and
employment to war veterans and
veterans of military campaigns,
their surviving spouses and
orphans. Funds shall be provided
therefor and due consideration shall
be given them in the disposition of
agricultural lands of the public
domain and, in appropriate cases, in
the utilization of natural resources.
SECTION 9. The Federal Republic
shall regularly review and adjust, as
may be justified by the
circumstances, the pensions and
other benefits due to retirees of
both the government and the
private sectors.
SECTION 10.
(a) The Federal Republic shall
establish and continuously develop
an effective information and cyber
security infrastructure to protect
itself and the people from
unauthorized domestic or foreign
intrusion such as cyberattacks and
cyber warfare on its public utilities,
cyber installations, and private
entities.
(b) In the event of a cyberattack on
any public utility, or private entity,
or cyber installation, whose
magnitude and speed clearly
endangers the security of the
Federal Republic, the President as
Commander-in-Chief shall take all
necessary actions to repel and quell
the As
(c) attack.
soon as the cyberattack has
been quelled, the President shall
report to Congress the nature of the
attack and the actions taken to
repel it. Congress shall take
appropriate action on the report.
(d) The Federal Supreme Court may
review, in an appropriate
proceeding filed by any citizen, the
sufficiency of the factual basis of
the cyberattack and determine
whether the action of the President
is reasonable and proportionate to
repel and quell the attack. The
Federal Supreme Court must
promulgate its decision within thirty
(30) days of11.
SECTION filing.
The Federal Republic
shall have criminal jurisdiction over
all those who violate its national
and cyber security laws wherever
the crime is committed.
SECTION 12.
(a) The Federal Republic shall
develop an effective emergency
preparedness, risk reduction, and
response system for natural and
manmade disasters and calamities.
It shall train and maintain a Federal
disaster response and relief corps
under the Department of National
Defense.
(b) The Federated Regions shall
each establish their own regional
disaster response and relief office
which shall streamline and resolve
hazards and risks in urban planning
which contribute to disaster
vulnerability.
SECTION 13. During times of
natural or manmade disasters and
calamities, the Federated Region
shall primarily respond through its
local government units, officials,
and agencies. The President
through the Executive Departments
shall provide relief and rehabilitative
assistance to the affected region.
SECTION 14.
(a) The President and Congress,
within six (6) months from
assumption of office, shall update
the National Security Policy in
accordance with their assessment of
current evolving and future threats
as well as a national policy on the
modernization of the armed forces
and the National Police so that they
can effectively and fully perform
their Constitutional mandate.
(b) In the exercise of executive
function, the investigation and
prosecution of crimes is hereby
vested in the National Prosecution
Service under the Department of
Justice.
SECTION 15. In case any region
fails to comply with its obligation as
provided for in the Constitution
which seriously undermines the
sovereignty, territorial integrity,
economy, or the unity of the
Federal Republic, the President may
intervene and take all measures
necessary and proper to address
the failure. Within thirty (30) days
from the intervention, the President
shall report to Congress the actions
taken. By a majority vote of its
members voting jointly, Congress
may take appropriate action on the
report. In case it is necessary,
Congress may authorize the
President to take further actions
until the crisis is resolved.

41
Transitory Provisions

1987 Constitution Draft Provisions


27 June 2018
SECTION 1. The first elections of SECTION 1.
Members of the Congress under this
Constitution shall be held on the second
Monday of May, 1987.
The first local elections shall be held on (a) For an orderly transition to the new
a date to be determined by the system of government as provided for in
President, which may be simultaneous this Constitution, there shall be created
with the election of the Members of the a Federal Transition Commission which
Congress. It shall include the election of shall convene within five (5) days from
all Members of the city or municipal the ratification of this Constitution,
councils in the Metropolitan Manila area. composed of the following members:

SECTION 2. The Senators, Members of 1. The President, who shall be the


the House of Representatives, and the Federal Transition Commission
local officials first elected under this Chairman;
Constitution shall serve until noon of
June 30, 1992.
Of the Senators elected in the election 2. Ten (10) members who are natural-
of 1992, the first twelve obtaining the born citizens of the Philippines, at least
highest number of votes shall serve for forty (40) years of age, and with proven
six years and the remaining twelve for probity, integrity, independence, and
three years. expertise in the fields of economy, law,
fiscal management, governance or
development.

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 4. All existing treaties or (c) The Federal Transition Commission


international agreements which have not shall promulgate its own rules of
been ratified shall not be renewed or procedure within fifteen (15) days from
extended without the concurrence of at the date it is convened.
least two-thirds of all the Members of
the Senate.
SECTION 5. The six-year term of the (d) The Federal Transition Commission
incumbent President and Vice-President shall have the power to establish its
elected in the February 7, 1986 election office, appoint and hire its own officials
is, for purposes of synchronization of and employees as it may be necessary.
elections, hereby extended to noon of
June 30, 1992.
The first regular elections for the (e) The initial budget of the Federal
President and Vice-President under this Transition Commission shall be taken
Constitution shall be held on the second from the contingent fund of the Office of
Monday of May, 1992. the President and from the savings of
the Executive department. Its budget for
the succeeding years shall be included in
the budget of the Office of the
President.

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

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