Agrarian Reform Policies.docx

AGRARIAN REFORM POLICIES For a long period of time, the agrarian system of Philippines was being controlled by the large landlords. The small farmers in Philippines were struggling for their rights to land and other natural resources. Implementation of Agrarian Reform in Philippines the implementation of Agrarian reforms proceeded at a very slow pace. This was due to the lack of political will. The redistribution of land was also very slow. Comprehensive Agrarian Reform Law: Philippines The Republic Act No. 6657, alternatively called the Comprehensive Agrarian Reform Law was signed by President Corazon C. Aquino on 10th June, 1988.The Comprehensive Agrarian Reform Law is responsible for the implementation of the Comprehensive Agrarian Reform Program (CARP) in Philippines. The law focused on industrialization in Philippines together with social justice. The Comprehensive Agrarian Reform Law: Objectives The primary objective of instituting the Comprehensive Agrarian Reform law was to successfully devise land reform in Philippines. It was President Arroyo, who signed the Executive Order No. 456on 23rd August to rename the Department of Land Reform as Department of Agrarian Reform. This had been done to expand the functional area of the law. Apart from land reform, the Department of Agrarian Reform began to supervise other allied activities to improve the economic and social status of the beneficiaries of land reform in Philippines. CARP Meaning Comprehensive Agrarian Reform Program of 1988, also known as CARP, is a Philippine state policy that ensures and promotes welfare of landless farmers and farm workers, as well as elevation of social justice and equity among rural areas. HOME Agrarian reform is a 100-year history of unfinished reforms after the United States took over the country from the Spaniards. Before the Hispanic period, there were no owner-cultivators, only communal land owned by the barangay which consisted of a date, freemen, serfs and slaves. The Spaniards replaced this traditional system of land ownership, similar to existing systems among several indigenous communities today and distributed the land (haciendas) to the Spanish military and the clergy or established encomienda’s (administrative districts). The 1935 Constitution addressed the issue of foreign access Toland, i.e. corporations must have at least 60% Filipino ownership, and use-rights were limited in time. Other reforms included limitations on interest rates on loans and an increase in the sharecropping share from 50% to 70%. But very little of these laws were really followed in practice and the Huk rebellion was born. Under the Magsaysay and the Macapagal administrations, land reform was again tackled, such as the Mindanao resettlement program and the Land Reform Act of 1955. but no significant results were really achieved in terms of scope and magnitude of land transfer. With martial law, the whole Philippines was declared a land reform area under PD 27. Significant progress was made, but the continued practice of the share tenancy system, coverage limitation to rice and corn lands, the many exemptions allowed and the shortcomings in support systems (although it was Marcos who set up the new Agrarian Reform Department) did much to limit the effectivity of the reforms in addressing the over-concentration of wealth problem and rural poverty. The CARP years since 1988 – for the first time the program covered all agriculture lands regardless of crop and tenurial arrangements. Land distribution increased substantially – about 7 million hectares with about 4.2 million farmer beneficiaries. But the total figures hide disturbing underperformances. - and only about 1.5 million hectares of private agricultural lands have been covered for an accomplishment rate of only about 50% after twenty years. Moreover, the lack of support services, funding and infrastructure, is still prevalent. Of the original estimate of P220 billion to complete the program, only P203 billion have been budgeted by Congress, of which only about P170 billion have been released. HOME While there is significant empirical evidence that agrarian reform has yielded significant benefits and has the potential for even greater benefits, the fact is that it has encountered implementation problems. Regardless of the problems encountered by CARP, the point is that CARP is not the cause of the continuing poverty north obstacle to solving it. On the contrary, completing CARP in accordance with the mandate of the Constitution is a necessary condition to correct social injustice, and achieve sound agricultural development and economic growth.

Of course, agrarian reform is not a panacea that will solve all our problems. Neither is education, nor health care, nor industrialization nor clean elections, nor honest leadership. The fact is that the path to growth with equity is a complex process because we need all the programs working together to succeed. In the final analysis, the future of CARP is a political decision of those in power with respect to two questions: - How much reforms are the government willing to implement? - How much resources are government willing to devote to such reforms? HOME Department of Agrarian Reform is the lead implementing agency of Comprehensive Agrarian Reform Program (CARP). It undertakes land tenure improvement and development of program beneficiaries. DAR conducts land survey in resettlement areas. It undertakes land acquisition and distribution and land management studies. The DAR also orchestrates the delivery of support services to farmer-beneficiaries and promotes the development of viable agrarian reform communities. The DAR logo shows the Departments acronym representing the institution and its role as the lead agency in the implementation of the Comprehensive Agrarian Reform Program (CARP). Green stands for fertility and productivity while yellow represents hope and a golden harvest of agrarian reform beneficiaries who are the recipients of the services provided by the Department via CARP. Both colors imply that economic growth and sound rural development can be achieved through agrarian reform. Mandate the Department of Agrarian Reform (DAR) leads the implementation of the Comprehensive Agrarian Reform Program (CARP) through land tenure improvement, agrarian justice, and coordinated delivery of essential support services to client-beneficiaries. Mission “To lead in the implementation of agrarian reform and sustainable rural development in the countryside through land tenure improvement and provision of integrated development services to landless farmers, farmworkers and small landowner-cultivators, and the delivery of agrarian justice". Vision “A nation where there is equitable land ownership and empowered agrarian reform beneficiaries who are effectively managing their economic and social development for a better quality of life" AN ACT STRENGTHENING THE COMPREHENSIVE AGRARIANREFORM PROGRAM (CARP), EXTENDING THE ACQUISITION AND DISTRIBUTION OF ALL AGRICULTURAL LANDS, INSTITUTINGNECESSARY REFORMS, AMENDING FOR THE PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. 6657, OTHERWISE KNOWN AS THE COMPREHENSIVE AGRARIAN REFORM LAW OF 1988, AS AMENDED, AND APPROPRIATING FUNDS THEREFOR SECTION 1Declaration of Principles and Policies. - It is the policy of the State to pursue a Comprehensive Agrarian Reform Program (CARP). The welfare of the landless farmers and farmworkers will receive the highest consideration to promote social justice and to move the nation toward sound rural development and industrialization, and the establishment of owner cultivator ship of economic-size farms as the basis of Philippine agriculture. “The State shall promote industrialization and full employment based on sound agricultural development and agrarian reform. "The State recognizes that there is not enough agricultural land to be divided and distributed to each farmer and regular farmworker so that each one can own his/her economic-size family farm. "A more equitable distribution and ownership of land, with due regard to the rights of landowners to just compensation. “The agrarian reform program is founded on the right of farmers and regular farmworkers, who are landless, to own directly or collectively the lands they till or, in the case of other farmworkers, to receive a just share of the fruits thereof. "As much as practicable, the implementation of the program shall be community-based to assure, among others, that the farmers shall have greater control of farmgate prices, and easier access to credit. "The State shall recognize the right of farmers, farmworkers and landowners, as well as cooperatives and other independent farmers’ organizations, to participate in the planning, organization, and management of the program, "The State shall recognize and enforce, consistent with existing laws, the rights of rural women to own and control land, taking into consideration the substantive equality between men and women as qualified beneficiaries, “The State shall apply the principles of agrarian reform, or stewardship, whenever applicable, in accordance with law, in the disposition or utilization of other natural resources, “The State may resettle landless farmers and farm workers in its own agricultural estates, which shall be distributed to them in the manner provided by law. “By

means of appropriate incentives, the State shall encourage the formation and maintenance of economic-size family farms to be constituted by individual beneficiaries and small landowners. "The State shall protect the rights of subsistence fishermen, especially of local communities, to the preferential use of communal marine and fishing resources, both inland and offshore. It shall provide support to such fishermen through appropriate technology and research, adequate financial, production and marketing assistance and other services. “The State shall be guided by the principles that land has a social function and land ownership has a social responsibility. Owners of agricultural land have the obligation to cultivate directly or through labor administration the lands they own and thereby make the land productive. “The State shall provide incentives to landowners to invest the proceeds of the agrarian reform program to promote industrialization, employment and privatization of public sector enterprises. “The State may lease undeveloped lands of the public domain to qualified entities for the development of capital-intensive farms, and traditional and pioneering crops especially those for exports subject to the prior rights of the beneficiaries under this Act." SECTION 2Definitions. - Farmer refers to a natural person whose primary livelihood is cultivation of land or the production of agricultural crops, livestock and/or fisheries either by himself/herself, or primarily with the assistance of his/her immediate farm household, whether the land is owned by him/her, or by another person under a leasehold or share tenancy agreement or arrangement with the owner thereof. Rural women refer to women who are engaged directly or indirectly in farming and/or fishing as their source of livelihood, whether paid or unpaid, regular or seasonal, or in food preparation, managing the household, caring for the children, and other similar activities." SECTION 3Scope. - The Comprehensive Agrarian Reform Law of 1988 shall cover, regardless of tenurial arrangement and commodity produced, all public and private agricultural lands as provided in Proclamation No. 131 and Executive Order No.229, including other lands of the public domain suitable for agriculture. “More specifically, the following lands are covered by the CARP: "(a) All alienable and disposable lands of the public domain devoted to or suitable for agriculture. "(b) All lands of the public domain in excess of the specific limits as determined by Congress in the preceding paragraph; "(c) All other lands owned by the Government devoted to or suitable for agriculture; "(d) All private lands devoted to or suitable for agriculture regardless of the agricultural products raised or that can be raised thereon. SECTION 4Exception to Retention Limits. - Provincial, city and municipal government, units acquiring private agricultural lands by expropriation or other modes of acquisition to be used for actual, direct and exclusive public purposes, such as roads and bridges, public markets, school sites, resettlement sites, local government facilities, public parks and barangay plazas or squares, consistent with the approved local comprehensive land use plan, shall not be subject to the five (5)-hectare retention limit. Provided, that lands subject to CARP shall first undergo the land acquisition and distribution process of the program: Provided, further, that when these lands have been subjected to expropriation, the agrarian reform beneficiaries therein shall be paid just compensation." Review of Limits of Land Size. - Within six (6) months from the effectivity of this Act, the DAR shall submit a comprehensive study on the land size appropriate foreach type of crop to Congress for a possible review of limits of land sizes provided in this Act." SECTION 5Priorities. - The DAR, in coordination with the Presidential Agrarian Reform Council (PARC) shall plan and program the final acquisition and distribution of all remaining unacquired and undistributed agricultural lands from the effectivity of this Act until June 30, 2014. Lands shall be acquired and distributed as follows: "Phase One: During the five (5)-year extension period hereafter all remaining lands above fifty (50) hectares shall be covered for purposes of agrarian reform upon the effectivity of this Act. "Phase Two: (a) Lands twenty-four (24) hectares up to fifty (50) hectares shall likewise be covered for purposes of agrarian reform upon the effectivity of this Act, which have already been subjected to a notice of coverage issued on or before December 1O, 2008, to implement principally the rights of farmers and regular farmworkers, who are landless, to own directly or collectively the lands they till, SECTION 5Priorities. - The DAR, in coordination with the Presidential Agrarian Reform Council (PARC) shall plan and program the final acquisition and distribution of all remaining unacquired and undistributed agricultural lands from the effectivity of this Act until June 30, 2014. Lands shall be acquired and distributed as follows: "Phase One: During the five (5)-year extension period hereafter all remaining lands above fifty (50) hectares shall be covered for purposes of agrarian reform upon the effectivity of this Act. "Phase Two: Lands twenty-four (24) hectares up to fifty (50) hectares shall likewise be covered for purposes of agrarian reform upon the

effectivity of this Act, which have already been subjected to a notice of coverage issued on or before December 1O, 2008, to implement principally the rights of farmers and regular farmworkers, who are landless, to own directly or collectively the lands they till. "Phase Three: All other private agricultural lands commencing with large landholdings and proceeding to medium and small landholdings under the following schedule: SECTION 6 Procedure for Acquisition and Distribution of Private Lands SECTION 7Determination of Just Compensation. - In determining just compensation, the cost of acquisition of the land, the value of the standing crop, the current: value of like properties, its nature, actual use and income, the sworn valuation by the owner, the tax declarations, the assessment made by government assessors, translated into a basic formula by the DAR shall be considered, subject to the final decision of the proper court. SECTION 8Order of Priority. - A landholding of a landowner shall be distributed first to qualified beneficiaries of that same landholding up to a maximum of three (3) hectares each. Only when these beneficiaries have all received three (3) hectares each, shall the remaining portion of the landholding, if any, be distributed to other beneficiaries. SECTION 9Award to Beneficiaries. - The rights and responsibilities of the beneficiaries shall commence from their receipt of a duly registered emancipation patent or certificate of land ownership award and their actual physical possession of the awarded land. Such award shall be completed in not more than one hundred eighty (180) days from the date of registration of the title in the name of the Republic of the Philippines. "All cases involving the cancellation of registered emancipation patents, certificates of land ownership award, and other titles issued under any agrarian reform program are within the exclusive and original jurisdiction of the Secretary of the DAR." SECTION 10Award Ceilings for Beneficiaries. - Beneficiaries shall be awarded an area not exceeding three (3) hectares, which may cover a contiguous tract of land or several parcels of land cumulated up to the prescribed award limits. SECTION 11Payment by Beneficiaries. - Lands awarded pursuant to this Act shall be paid for by the beneficiaries to the LBP in thirty (30) annual amortizations at six percent (6%) interest per annum. The annual amortization shall start one (1) year from the date of the certificate of land ownership award registration. However, if the occupancy took place after the certificate of land ownership award registration, the amortization shall start one (1) year from actual occupancy. The payments for the first three (3) years after the award shall be at reduced amounts as established by the PARC: SECTION 12Transferability of Awarded Lands. - Lands acquired by beneficiaries under this Act or other agrarian reform laws shall not be sold, transferred or conveyed except through hereditary succession, or to the government. SECTION 13Funding for Support Services. - In order to cover the expenses and cost of support services, at least forty percent (40%) of all appropriations for agrarian reform during the five (5) year extension period shall be immediately set aside and made available for this purpose: Provided, That the DAR shall pursue integrated land acquisition and distribution and support services strategy requiring a plan to be developed parallel to the land acquisition and distribution process. SECTION 14Support Services for the Agrarian Reform Beneficiaries. - The State shall adopt the integrated policy of support services delivery to agrarian reform beneficiaries. To this end, the DAR, the Department of Finance, and the Anglocentric ng Filipinas (BSP) shall institute reforms to liberalize access to credit by agrarian reform beneficiaries. SECTION 15Equal Support Services for Rural Women. - Support services shall be extended equally to women and men agrarian reform beneficiaries. “The PARC shall also ensure that rural women will be able to participate in all community activities. To this effect, rural women are entitled to self-organization in order to obtain equal access to economic opportunities and to have access to agricultural credit and loans, marketing facilities and technology, and other support services, and equal treatment in land reform and resettlement schemes. SECTION 16Support Services for Landowners. - The PARC, with the assistance of such other government agencies and instrumentalities as it may direct, shall provide landowners affected

by the CARP and prior agrarian reform programs with the following services: "(a) Investment information, financial and counseling assistance, particularly investment information on government-owned and/or -controlled corporations and disposable assets of the government in pursuit of national industrialization and economic independence: "(b) Facilities, programs and schemes for the conversion or exchange of bonds issued for payment of the lands acquired with stocks and bonds issued by the National Government, the BSP and other government institutions and instrumentalities; "(c) Marketing of agrarian reform bonds, as well as promoting the marketability of said bonds in traditional and non-traditional financial markets and stock exchanges: "(d) Other services designed to utilize productively the proceeds of the sale of such lands for rural industrialization. SECTION 17The Presidential Agrarian Reform Council. - The Presidential Agrarian Reform Council(PARC) shall be composed of the President of the Philippines as Chairperson, the Secretary of Agrarian Reform as Vice-Chairperson and the following as members: Secretaries of the Departments of Agriculture; Environment and Natural Resources; Budget and Management; Interior and Local Government; Public Works and Highways; Trade and Industry; Finance; and Labor and Employment; Director-General of the National Economic and Development Authority; President, Land Bank of the Philippines; Administrator, National Irrigation Administration; Administrator, Land Registration Authority; and (6)representatives of affected landowners to represent Luzon, Visayas and Mindanao; (6)representatives of agrarian reform beneficiaries, (2) each from Luzon, Visayas and Mindanao: Provided, That at least (1) of them shall be from the indigenous peoples: Provided, further, That at least (1)of them shall come from a duly recognized national organization of rural women or a national organization of agrarian reform beneficiaries with a substantial number of women members: Provided, finally, That at least twenty percent (20%) of the members of the PARC shall be women but in no case shall they be less than (2). SECTION 18Quasi-Judicial Powers of the DAR. - The DAR is hereby vested with primary jurisdiction to determine and adjudicate agrarian reform matters and shall have exclusive original jurisdiction over all matters involving the implementation of agrarian reform, except those falling under the exclusive jurisdiction of the Department of Agriculture (DA) and the DENR."It shall have the power to summon witnesses, administer oaths, take testimony, require submission of reports, compel the production of books and documents and answers to interrogatories and issue subpoena, and subpoena duces Tucuman to enforce its writs through sheriffs or other duly deputized officers. It shall likewise have the power to punish direct and indirect contempt’s in the same manner and subject to the same penalties as provided in the Rules of Court. SECTION 19Exclusive Jurisdiction on Agrarian Dispute. - No court or prosecutors office shall take cognizance of cases pertaining to the implementation of the CARP except those provided under Section 57 of Republic Act No. 6657, as amended. If there is an allegation from any of the parties that the case is agrarian in nature and one of the parties is a farmer, farmworker, or tenant, the case shall be automatically referred by the judge or the prosecutor to the DAR which shall determine and certify within fifteen (15) days from referral whether an agrarian dispute exists. SECTION 20No Restraining Order or Preliminary Injunction. -Except for the Supreme Court, no court in the Philippines shall have jurisdiction to issue any restraining order or writ of preliminary injunction against the PARC, the DAR, or any of its duly authorized or designated agencies in any case, dispute or controversy arising from, necessary to, or in connection with the application, implementation, enforcement, or interpretation of this Act and other pertinent laws on agrarian reform." SECTION 21Funding Source. - The amount needed to further implement the CARP as provided in this Act, until June 30, 2014, upon expiration of funding under Republic Act No. 8532 and other pertinent laws, shall be funded from the Agrarian Reform Fund and other funding sources in the amount of at least One hundred fifty billion pesos (P150,000,000,000.00). SECTION 22Conversion of Lands. - After the lapse of five (5) years from its award, when the land ceases to be economically feasible and sound for agricultural purposes, or the locality has become urbanized and the land will have a greater economic value for residential, commercial or industrial purposes, the DAR, upon application of the beneficiary or the landowner with respect only to his/her retained area which is tenanted, with due notice to the

affected parties, and subject to existing laws, may authorize the reclassification or conversion of the land and its disposition. SECTION 23Immunity of Government Agencies from Undue Interference. - In cases falling within their jurisdiction, no injunction, restraining order, prohibition or mandamus shall be issued by the regional trial courts, municipal trial courts, municipal circuit trial courts, and metropolitan trial courts against the DAR, the DA, theDENR, and the Department of Justice in their implementation of the program

1899 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES POLITICAL CONSTITUTION Title I THE REPUBLIC Article 1. The political association of all Filipinos constitutes a nation, whose state shall be known as the Philippine Republic. Article 2. The Philippine Republic is free and independent. Article 3. Sovereignty resides exclusively in the people. Title II THE GOVERNMENT Article 4. The Government of the Republic is popular, representative, alternative, and responsible, and shall exercise three distinct powers: namely, the legislative, the executive, and the judicial. Any two or more of these three powers shall never be united in one person or cooperation, nor the legislative power vested in one single individual. Title III RELIGION Article 5. The State recognizes the freedom and equality of all religions, as well as the separation of the Church and the State. Title IV THE FILIPINOS AND THEIR NATIONAL AND INDIVIDUAL RIGHTS Article 6. The following are Filipinos: 1. All persons born in the Philippine territory. A vessel of Philippine registry is considered, for this purpose, as part of Philippine territory. 2. Children of a Filipino father or mother, although born outside of the Philippines. 3. Foreigners who have obtained certification of naturalization. 4. Those who, without such certificate, have acquired a domicile in any town within Philippine territory. It is understood that domicile is acquired by uninterrupted residence for two years in any locality within Philippine territory, with an open abode and known occupation, and contributing to all the taxes imposed by the Nation. The condition of being a Filipino is lost in accordance with law. Article 7. No Filipino or foreigner shall be detained nor imprisoned except for the commission of a crime and in accordance with law. Article 8. All persons detained shall be discharged or delivered to the judicial authority within 24 hours following the act of detention. All detentions shall be without legal effect, unless the arrested person is duly prosecuted within 72 hours after delivery to a competent court. The accused shall be duly notified of such proceeding within the same period. Article 9. No Filipino shall be imprisoned except by virtue of an order by a competent court. The order of imprisonment shall be ratified or confirmed within 72 hours following the said order, after the accused has been heard. Article 10. No one shall enter the dwelling house of any Filipino or a foreigner residing in the Philippines without his consent except in urgent cases of fire, inundation, earthquake or similar dangers, or by reason of unlawful aggression from within, or in order to assist a person therein who cries for help. Outside of these cases, the entry into the dwelling house of any Filipino or foreign resident in the Philippines or the search of his papers and effects can only be decreed by a competent court and executed only in the daytime. The search of papers and effects shall be made always in the presence of the person searched or of a member of his family and, in their absence, of two witness’s residents of the same place. However, when a criminal caught in fragrant should take refuge in his dwelling house, the authorities in pursuit may enter into it, only for the purpose of making an arrest. If a criminal should take refuge in the dwelling house of a foreigner, the consent of a latter must first be obtained.

Article 11. No Filipino shall be compelled to change his residence or domicile except by virtue of a final judgment. Article 12. In no case may correspondence confided to the post office be detained or opened by government authorities, nor any telegraphic or telephonic message detained. However, by virtue of a competent court, correspondence may be detained and opened in the presence of the sender. Article 13. All orders of imprisonment, of search of a dwelling house, or detention of written correspondence, telegraph or telephone, must be justified. When an order lacks this requisite, or when the grounds on which the act was founded is proven in court to be unlawful or manifestly insufficient, the person to be detained or whose imprisonment has not been ratified within the period prescribed in Art. 9, or whose correspondence has been detained, shall have the right to recover damages. Article 14. No Filipino shall be prosecuted or sentenced, except by a judge or court of proper jurisdiction and according to the procedure prescribed by law. Article 15. Except in the cases provided by the Constitution, all persons detained or imprisoned not in accordance with legal formalities shall be released upon his own petition or upon petition of another person. The law shall determine the manner of proceeding summarily in this instance, as well as the personal and pecuniary penalties which shall be imposed upon the person who ordered, executed or to be executed the illegal detention or imprisonment. Article 16. No one shall be temporarily or permanently deprived of rights or disturbed in his enjoyment thereof, except by virtue of judicial sentence. The officials who, under any pretext whatsoever, should violate this provision, shall be personally liable for the damages caused. Article 17. No one shall be deprived of his property by expropriation except on grounds of public necessity and benefit, previously declared and justified by proper authorities, and indemnifying the owner thereof prior to expropriation. Article 18. No one shall be obliged to pay any public tax which had not been approved by the National Assembly or by local popular governments legally so authorized, and which is not in the manner prescribed by the law. Article 19. No Filipino who is in full enjoyment of his civil or political rights, shall be impeded in the free exercise of said rights. Article 20. Neither shall any Filipino be deprived: 1. Of the right to freely express his ideas or opinions, orally or in writing, through the use of the press or other similar means. 2. Of the right of association for purposes of human life and which are not contrary to public morals; and lastly 3. Of the right to send petitions to the authorities, individually or collectively. The right of petition shall not be exercised through any kind of armed force. Article 21. The exercise of the rights provided for in the preceding article shall be subject to general provisions regulating the same. Article 22. Crimes committed on the occasion of the exercise of rights provided for in this title, shall be punished by the courts in accordance with the laws. Article 23. Any Filipino may establish and maintain institutions of learning, in accordance with the laws authorizing them. Public education shall be free and obligatory in all schools of the nation. Article 24. Foreigners may freely reside in Philippine territory, subject to legal dispositions regulating the matter; may engage in any occupation or profession for the exercise of which no special license is required by law to be issued by the national authorities. Article 25. No Filipino who is in full enjoyment of his political and civil rights shall be impeded in his right to travel freely abroad or in his right to transfer his residence or possessions to another country, except as to his obligations to contribute to military service or the maintenance of public taxes. Article 26. No foreigner who has not been naturalized may exercise in the Philippines any office which carries with it any authority or jurisdictional powers.

Article 27. All Filipinos are obliged to defend his country with arms when called upon by law, and to contribute to the expenses of the State in proportion to his means. Article 28. The enumeration of the rights provided for in this title does not imply the denial of other rights not mentioned. Article 29. The prior authorization to prosecute a public official in the ordinary courts is not necessary, whatever may be the crime committed. A superior order shall not exempt a public official from liability in the cases which constitute apparent and clear violations of constitutional precepts. In others, the agents of the law shall only be exempted if they did not exercise the authority. Article 30. The guarantees provided for in Articles 7, 8, 9, 10, and 11 and paragraphs 1 and 2 of Article 20 shall not be suspended, partially or wholly, in any part of the Republic, except temporarily and by authority of law, when the security of the State in extraordinary circumstances so demands. When promulgated in any territory where the suspension applies, there shall be a special law which shall govern during the period of the suspension, according to the circumstances prevailing. The law of suspension as well as the special law to govern shall be approved by the National Assembly, and in case the latter is in recess, the Government shall have the power to decree the same jointly with the Permanent Commission, without prejudice to convoking the Assembly without the least delay and report to it what had been done. However, any suspension made shall not affect more rights than those mentioned in the first paragraph of this article nor authorize the Government to banish or deport from the Philippines any Filipino. Article 31. In the Republic of the Philippines, no one shall be judged by a special law nor by special tribunals. No person or corporation may enjoy privileges or emoluments which are not in compensation for public service rendered and authorized by law. War and marine laws shall apply only for crimes and delicts which have intimate relation to military or naval discipline. Article 32. No Filipino shall establish laws on primogeniture, nor institutions restrictive of property rights, nor accept honors, decorations, or honorific titles or nobility from foreign nations without the consent of the Government. Neither shall the Government establish in the Republic institutions mentioned in the preceding paragraph, nor confer honors, decorations, or honorific titles of nobility to any Filipino. The Nation, however, may reward by special law approved by the Assembly, conspicuous services rendered by citizens of the country. Title V THE LEGISLATIVE POWER Article 33. Legislative power shall be exercised by an Assembly of Representatives of the Nation. This Assembly shall be organized in the form and manner determined by law. Article 34. The Members of the Assembly shall represent the who nation and not exclusively the electors who elected them. Article 35. No representative shall receive from his electors any imperative mandate whatsoever. Article 36. The Assembly shall meet every year. The President of the Republic has the right to convoke it, suspend and close its sessions, and dissolve the same, within the periods prescribed by law enacted by the Assembly or by the Permanent Commission. Article 37. The Assembly shall be open at least three months each year, without including in this period the time spent in its organization. The President of the Republic shall convoke the Assembly, not later than the 15th day of April.

Article 38. In extraordinary cases, he may convoke the Assembly outside of the period fixed by law, as determined by the Permanent Commission, and prolong its law-making, provided the extended period does not exceed one month and provided further that such extensions do not take place more than twice during the same legislative term. Article 39. The National Assembly, jointly with the special Representatives, shall organize committees for the organization of the Assembly and for the election of the new President of the Republic, which shall be formed at least one month before the expiration of the term of office of the Representatives. In case of death or resignation of the President of the Republic, the Assembly shall meet in session by its own right or by initiative of the President or of the Permanent Commission. Article 40. In the meantime, that the new President has not been chosen, his functions shall be exercised by the Chief Justice of the Supreme Court whose office shall be taken over by one of the Justices of the Court, in accordance with law. Article 41. Any session of the Assembly held outside the period of ordinary legislature shall be unlawful and void. The case provided in Article 30 and in which the Assembly has constituted itself into a Tribunal of Justice shall be excepted, but in the latter case no other functions shall be exercised except that pertaining to judicial functions. Article 42. The sessions of the Assembly shall be public. However, sessions may be held in secret upon petition of a certain number of its members fixed by the Rules, deciding afterwards by an absolute majority of votes of the members present if the discussion on the same subject has to continue in public. Article 43. The President of the Republic shall communicate with the Assembly by means of messages, which shall be read by a Department Secretary. The Department Secretaries shall have the right to be heard in the Assembly, upon their request, and they may be represented in the discussion of certain bills by Commissioners appointed by decrees of the President of the Republic. Article 44. The Assembly may constitute itself into a Tribunal of Justice to hear and determine crimes committed against the security of the State by the President of the Republic and members of the Council of Government, by the Chief Justice of the Supreme Court, and by the Solicitor General of the Nation, by means of a decree promulgating it, or by the Permanent Commission, or by the President of the Republic upon petition of the Solicitor General or Council of Government. The law shall determine the mode and manner of the accusation, instruction, and disposition of the proceedings. Article 45. No member of the Assembly shall be prosecuted nor held accountable for the opinions expressed by him, nor by the vote taken by him in the discharge of his office. Article 46. No member of the Assembly shall be prosecuted criminally without authority of the Assembly or of the Permanent Commission to which an immediate report of the facts shall be made, for its proper action. The imprisonment, detention, or apprehension of a member of the Assembly shall not be carried out without the prior authority of the same or by the Permanent Commission. The moment the Assembly is notified of the order of imprisonment, it shall incur liability if, within two days following the notification, it does not authorize the imprisonment or give sufficient reason upon which the refusal is based. Article 47. The National Assembly shall have the following additional powers: 1. To approve Rules for its internal government. 2. To examine the legality of the elections and the legal qualifications of the elected members. 3. To elect its President, Vice-Presidents, and Secretaries.

Until the Assembly has been dissolved, the President, Vice-Presidents, and Secretaries shall continue to exercise their office for the period of four legislative terms; and 4. To accept the resignations of its members and grant privileges in accordance with the Rules. Article 48. No bill shall become law without having been voted on by the Assembly. To approve a bill, the presence in the Assembly of at least one-fourth of the total number of the members whose elections have been duly approved and taken the oath of office shall be necessary. Article 49. No bill shall be approved by the Assembly until after it has been voted upon as a whole and subsequently article by article. Article 50. The Assembly shall have the right of censure, and each of the members the right of interpellation. Article 51. The initiative in the presentation of bills belongs to the President of the Republic and to the Assembly. Article 52. Any member of the Assembly who accepts from the Government any pension, employment, or office with salary, is understood to have renounced his membership. From this shall be excepted the employment as Secretary of the Government of the Republic and other offices provided for by special laws. Article 53. The office of Representatives shall be for a term of four years, and shall be compensated by a sum fixed by law, according to the circumstances. Those who absent themselves during the entire period of the legislative sessions shall not be entitled to any compensation; but they may be allowed to recover the right to compensation should they attend subsequently. Title VI THE PERMANENT COMMISSION Article 54. The Assembly, before adjournment, shall elect seven of its members to form the Permanent Commission during the period of adjournment, which shall designate at its first session, the President and the Secretary. Article 55. The Permanent Commission, during the adjournment of the Assembly, shall have the following attributes: 1. Declare if there is sufficient cause to proceed against the President of the Republic, the Representatives, Department secretaries, the Chief Justice of the Supreme Court, and the Solicitor-General in the cases provided by this Constitution. 2. Convoke the Assembly to a special session in the cases where the latter should constitute itself into a Tribunal of Justice. 3. To act upon pending matters which require proper action. 4. Convoke the Assembly in special sessions when the exigencies of the situation so demand. 5. Supplement the powers of the Assembly in accordance with the Constitution, excepting the act of voting and approving laws. The Permanent Commission shall meet in session whenever convoked by the presiding officer, in accordance with this Constitution. Title VII THE EXECUTIVE POWER Article 56. The Executive Power shall be vested in the President of the Republic, who shall exercise it through his Department Secretaries. Article 57. The administration of the particular interests of towns, provinces, and of the State shall correspond, respectively, to the Popular Assembles, the Provincial Assemblies, and to the Administration in power, in accordance with the laws, and observing the most liberal policy of decentralization and administrative autonomy. Title VIII THE PRESIDENT OF THE REPUBLIC

Article 58. The President of the Republic shall be elected by absolute majority of votes by the Assembly and by the special Representatives, convened in chamber assembles. His term of office shall be four years, and may be reelected. Article 59. The President of the Republic shall have the right to initiate the introduction of bills equally with the members of the Assembly, and promulgate the laws when duly voted and approved by the latter, and shall see to it that the same are duly executed. Article 60. The power to execute the laws shall extend to all cases conducive to the preservation of internal public order and to the external security of the State. Article 61. The President shall promulgate the laws duly approved by him within 20 days following their transmittal to him by the Assembly. Article 62. If within this period, the President should fail to promulgate them, he shall return them to the Assembly with his reasons for the return, in which case the Assembly may reconsider same, and it shall be presumed by a vote of at least twothirds of the members of the Assembly present in a quorum. If repassed in the manner indicated, the Government shall promulgate same within ten days, with a manifestation of its non-conformity. The obligation is imposed upon the Government if it allows twenty days to elapse without returning the bill to the Assembly. Article 63. When the promulgation of a law has been declared urgent by express will of an absolute majority of votes of the Assembly, the President of the Republic may require the Assembly to re-approve same which cannot be refused, and if the same bill is repassed, the President shall promulgate it within the legal period, without prejudice to his making of record his non-conformity with the bill. Article 64. The promulgation of laws shall be made by publishing them in the official gazette of the Republic, and shall have the force of law thirty days following such publication. Article 65. The President of the Republic shall have at his disposal the army and the navy, and may declare war and make and ratify treaties with the prior consent of the Assembly. Article 66. Treaties of peace shall not take effect until voted upon by the Assembly. Article 67. The President of the Republic, in addition to his duty to execute the laws, shall: 1. Supervise civil and military employees in accordance with the laws. 2. Appoint the Secretaries of the Government. 3. Direct the diplomatic and commercial relations with foreign powers. 4. See to it that justice is duly and promptly administered throughout the Philippines. 5. Grant pardon to convicted criminals in accordance with the laws, except any special provision relating to the Secretaries of the Government. 6. Preside over all national functions and receive ambassadors and accredited representatives of foreign powers. Article 68. The President of the Republic may be authorized by special law: 1. To alienate, transfer or exchange any portion of Philippine territory. 2. To incorporate any other territory to the Philippine territory. 3. To admit the stationing of foreign troops in Philippine territory. 4. To ratify of alliance, defensive as well as offensive, special treaties of commerce, those which stipulate to grant subsidies to a foreign power, and those which may compel Filipinos to render personal service. Secret treaties in no case may prevail over the provisions of open treaties or treaties made publicly. 5. To grant general amnesties and pardons. 6. To coin money. Article 69. To the President belongs the power to issue regulations for the compliance and application of the laws in accordance with the requisites prescribed in said laws.

Article 70. The President of the Philippines, with the prior approval by majority vote of the Representatives, may dissolve the Assembly before the expiration of its legislation term. In this case, new elections shall be called within three months. Article 71. The President of the Republic may be held liable only for cases of high treason. Article 72. The salary of the President of the Republic shall be fixed by special law which may not be changed except after the presidential term has expired. Title IX THE SECRETARIES OF GOVERNMENT Article 73. The Council of Government is composed of one President and seven secretaries, each of whom shall have under his charge the portfolios of Foreign Relations, Interior, Finance, War and Marine, Public Education, Communications and Public Works, and Agriculture, Industry, and Commerce. Article 74. All the acts done by the President of the Republic in the discharge of his duties shall be signed by the corresponding Secretary. No public official shall give official recognition to any act unless this requisite is complied with. Article 75. The Secretaries of Government are jointly responsible to the Assembly for the general administration of the Government, and individually for their respective personal acts. Article 76. In order to exempt them from responsibility, when held guilty by the Assembly, a petition to this effect approved by absolute majority of the Representatives is necessary. Title X THE JUDICIAL POWER Article 77. To the Court corresponds exclusively the power to apply the laws, in the name of the Nation, in all civil and criminal trials. The same codes of laws shall be applied throughout the Republic, without prejudice to certain variations according to circumstances as determined by law. In all trials, civil, criminal, and administrative, all citizens shall be governed by one code of laws and procedure. Article 78. The courts of justice shall not apply general local regulations, except when they conform to the laws. Article 79. The exercise of judicial power shall be vested in one Supreme Court and in other courts established by law. Their composition, organization, and other attributes shall be determined by the laws creating them. Article 80. The Chief Justice of the Supreme Court and the Solicitor-General shall be chosen by the National Assembly in concurrence with the President of the Republic and the Secretaries of the Government, and shall be absolutely independent of the Legislative and Executive Powers. Article 81. Any citizen may file suit against any member exercising the Judicial Power for any crime committed by them in the discharge of their office. Title XI PROVINCIAL AND POPULAR ASSEMBLIES Article 82. The organization and attributes of provincial and popular assemblies shall be governed by their respective laws. These laws shall conform to the following principles: 1. The government and management of the particular interests of the province or town shall be discharged by their respective corporations, the principle of direct and popular elections being the basis underlying each of them. 2. Publicity of their sessions, within the limits provided by law. 3. Publication of all appropriations, accounts, and agreements affecting same. 4. Government interference and, in the absence thereof, by the National Assembly, to prevent provinces and municipalities exceeding their powers and attributes to the prejudice of the interest of individuals and of the Nation at large. 5. Power of taxation shall be exercised to the end that provincial and municipal taxation do not come into conflict with the power of taxation of the State.

Title XII ADMINISTRATION OF THE STATE Article 83. The Government shall submit every year to the Assembly a budget of expenditures and income, indicating the changes made from those of the preceding year, accompanying the same with a balance sheet as of the end of the year, in accordance with law. This budget shall be submitted to the Assembly within ten days following the commencement of its session. Article 85. The Government, in order to dispose of the property and effects of the State, and to borrow money secured by mortgage or credit of the Nation, must be authorized by special law. Article 86. Public debts contracted by the Government of the Republic, in accordance with the provisions of this Constitution, shall be under the special guarantee of the Nation. No debt shall be contracted unless the means of paying the same are voted upon. Article 87. All laws relating to income, public expenses, or public credits shall be considered as part of the appropriation and shall be published as such. Article 88. The Assembly shall determine every year, upon the recommendation of the President of the Republic, the military forces by land and sea. Title XIII AMENDMENT OF THE CONSTITUTION Article 89. The Assembly, on its own initiative or that of the President of the Republic, may propose amendments to the Constitution, indicating what article or articles are to be amended. Article 90. This proposal having been made, the President of the Republic shall dissolve the Assembly, and shall convoke a Constituent Assembly which shall meet within three months. In the decree convoking the Constituent Assembly, the resolution mentioned in the preceding article shall be inserted. Title XIV CONSTITUTIONAL OBSERVANCE, OATH, AND LANGUAGE Article 91. The President of the Republic, the Government, the Assembly, and all Filipino citizens shall faithfully observe the provisions of the Constitution; and the Legislative Power, upon approval of the Appropriations Act, shall examine if the Constitution has been strictly complied with and whether violations, if any, have been duly corrected and those responsible for the violations held liable. Article 92. The President of the Republic and all other officials of the Nation shall not enter into the discharge of their office without having taken the prescribed oath. The oath of the President of the Republic shall be taken before the National Assembly. The other officials of the Nation shall take their oath before the authorities determined by law. Article 93. The use of languages spoken in the Philippines shall be optional. Their use cannot be regulated except by virtue of law, and solely for acts of public authority and in the courts. For these acts the Spanish language may be used in the meantime. TRANSITORY PROVISIONS Article 94. Meanwhile and without prejudice to the provisions of Article 48 and to the acts of the commissions designated by the Assembly to translate and submit to the same the organic laws in the development and application of the rights granted to Filipino citizens and for the government of public powers therein mentioned, the laws of the Republic shall be considered those found existing in these islands before the emancipation of the same. The provisions of the Civil Code relating to marriage and civil registry, suspended by the Governor General of these islands; the Instructions of April 26, 1888 to carry into effect Articles 77, 78, 79, and 82 of said Code; the law on civil registry of June 17, 1870 which refers to Article 332 of the same, and the Regulation of December 13 following for the enforcement of this law, without prejudice to the Chiefs of towns

continuing to be in charge of inscriptions in the civil registry and intervening in the celebration of marriage between Catholics, shall also be deemed in force and effect. Article 95. In the meantime, that the laws referred to in the preceding article have not been approved or enforced, the Spanish laws which said article allows to be enforced provisionally may be amended by special law. Article 96. Once the laws approved by the Assembly have been promulgated in accordance with Article 94, the Government of the Republic shall have the power to issue decrees and regulations necessary for the immediate organization of the various organs of the State. Article 97. The present President of the Revolutionary Government shall assume later the title of President of the Republic and shall discharge the duties of this office until the Assembly when convoked proceeds to the election of one who shall definitely exercise the duties of the office. Article 98. The present Congress, composed of members by suffrage or by decree, shall last for four years, or for the duration of the present legislative term commencing on the 15th of April of next year. Article 99. Notwithstanding the general rule established in part 2 of Article 4, in the meantime that the country is fighting for its independence, the Government is empowered to resolve during the closure of the Congress all questions and difficulties not provided for in the laws, which give rise to unforeseen events, of which the Permanent Commission shall be duly apprised as well as the Assembly when it meets in accordance with this Constitution. Article 100. The execution of Article 5, Title III shall be suspended until the constituent Assembly meets in session. In the meantime, municipalities which require spiritual ministry of a Filipino priest may provide for his necessary maintenance. Article 101. Notwithstanding the provisions of Articles 62 and 63, bills returned by the President of the Republic to the Congress may not be repassed except in the legislature of the following year, this suspension being under the responsibility of the President and his Council of Government. When these conditions have been fulfilled, the promulgation of said laws shall be obligatory within ten days, without prejudice to the President making of record his non-conformity. If the reapproval is made in subsequent legislative terms, it shall be deemed law approved for the first time. ADDITIONAL ARTICLE All the estates, edifices, and other property possessed by the religious corporations in these islands shall be deemed restored to the Philippine State as of May 24, 1898 when the Dictatorial Government has been constituted in Cavite. BARASOAIN, the twentieth of January, 1899. The President of the Congress PEDRO A. PATERNO The Secretaries PABLO TECSON PABLO OCAMPO Aguedo Velarde Alberto Barretto Ambrosio Rianzares Bautista Antonio Luna Antonio Feliciano Arcadio del Rosario Ariston Bautista Ariston Gella Arsenio Cruz-Herrera Basilio Teodoro Benito Legarda Ceferino de Leon Domingo Samson Esteban de la Rama Felipe Buencamino Felipe Calderon Felix Bautista Felix Ferrer Pascual Fernando Can Graciano Cordero Gregorio Aguilera Gregorio Aglipay Higinio Benitez Hipolito Magsalin Hugo Ilagan Ignacio Villamor Isidro Torres Isidro Paredes

Javier Gonzales Salvador Joaquin Gonzales Joaquin Luna Jose Basa Jose Salamanca Jose R. Infante Jose F. Oliveros Jose Tuason Jose Santiago Jose M. de la Vina Jose M. Lerma Jose Albert Jose Coronel Jose Alejandrino Jose Fernandez Jose Luna Juan Nepomuceno Juan Manday Juan Tuason Justo Lucban Leon Apacible Leon Guerrero Lorenzo del Rosario Lucas Gonzales Maninang Manuel Xerex Burgos Manuel Gomez Martinez Manuel Calleja Marciano V. del Rosario Mariano Abella Mariano Lopez Mariano Crisostomo Martin Garcia Mateo Gutierrez Ubaldo Mateo del Rosario Melecio Figueroa Mena Crisologo Miguel Zaragoza Narciso Hidalgo Resurreccion Pablo Ocampo Pablo Tecson Roque Patricio Bailon Pedro A. Paterno Perfecto Gabriel Pio del Pilar Raymundo Alindada Ricardo Paras Salvador V. del Rosario Santiago Barcelona Santiago Icasiano Sebastian de Castro Simplicio del Rosario Sofio Alandi Sotero Laurel Telesforo Chuidian Teodoro Sandico Teodoro Gonzales Tomas Arejola Tomas G. del Rosario Trinidad H. Pardo de Taver Vicente Foz Vicente Guzman Pagulayan Vicente Somoza Vito Belarmino Presidency of the Revolutionary Government of the Philippines. D. Emilio Aguinaldo y Famy, President of the Revolutionary Government of the Philippines and Captain General and Commander-in-Chief of its Army. Know all Filipino citizens: That the Assembly of Representatives of the nation, by virtue of its sovereign power, has decreed and I have sanctioned the political Constitution of the state. Therefore: I command all the authorities, civil as well as military, of whatever class or rank, to keep it and cause it to be kept, complied with and executed in all its parts, because it is the sovereign will of the Filipino people. Done at Malolos, on the twenty-first of January in the year eighteen hundred and ninety-nine.

1935 Constitution of the Philippines EXECUTIVE SUMMARY : The 1935 Constitution of the Philippines served as the fundamental law of the land from 1935 to 1972. It establishes the Commonwealth of the Philippines and provides that upon withdrawal of American sovereignty in the country and the declaration of Philippine independence, said commonwealth shall be known as the Republic of the Philippines. The Constitution enumerates the composition, powers and duties of the three branches of government (the Executive, Legislative and Judicial) and creates the General Auditing Office and lays down the framework in the establishment of the civil service in the country. The Constitution vests the President with the veto power on legislative bills and emergency powers in times of war and other national emergencies. Also, the Constitution adopts the Regalian Doctrine or the Principle of State ownership for all its natural wealth and provides for the proper utilization of such wealth by its citizens. NOTES : The 1935 Constitution was amended in 1940 and in 1947. This version incorporates all the amendments. The draft of the 1935 Constitution, adopted by the Philippine Constitutional Convention on 8 February 1935, provides for a unicameral Legislature and a single six-year term for the President. The draft was submitted to US President Franklin D. Roosevelt on 18 March 1935. He, in turn, certified that it conforms with Public Act No. 127 which was passed by the U.S. Congress on 23 March 1935 and forwarded the same to the Governor General of the Philippine Islands for ratification of the Filipino people. The constitution was ratified on 14 May 1935. On 11 April 1940, the [Philippine] Second National Assembly adopted Resolution No. 73 proposing amendments to the Constitution. The amendments provide for the creation of a bicameral Congress and the establishment of a Commission on Elections. It also limits the term of office of the President to four years, but may continue to serve as such for a maximum of eight years. On 11 March 1947, a plebiscite was held for the purpose of ratifying the proposed amendment granting US Citizens the right to the disposition, exploitation, development and utilization of Philippine natural resources (Ordinance Appended to the Constitution). The amendment passed.

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1973 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES PREAMBLE We, the sovereign Filipino people, imploring the aid of Divine Providence, in order to establish a government that shall embody our ideals, promote the general welfare, conserve and develop the patrimony of our Nation, and secure to ourselves and our posterity the blessings of democracy under a regime of justice, peace, liberty, and equality, do ordain and promulgate this Constitution. ARTICLE I NATIONAL TERRITORY Section 1. The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all the other territories belonging to the Philippines by historic or legal title, including the territorial sea, the air space, the subsoil, the sea-bed, the insular shelves, and the submarine areas over which the Philippines has sovereignty or jurisdiction. The waters around, between, and connecting the islands of the archipelago, irrespective of their breadth and dimensions, form part of the internal waters of the Philippines. ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES Section 1. The Philippines is a republican state. Sovereignty resides in the people and all government authority emanates from them. Section 2. The defense of the State is the prime duty of government, and in the fulfillment of this duty all citizens may be required by law to render personal military or civil service. Section 3. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land, and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. Section 4. The State shall strengthen the family as a basic social institution. The natural right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the aid and support of the government. Section 5. The State recognizes the vital role of the youth in nation-building and shall promote their physical, intellectual and social well-being. Section 6. The State shall promote social justice to ensure the dignity, welfare, and security of all the people. Towards this end, the State shall regulate the acquisition, ownership, use, enjoyment, and disposition of private property, and equitably diffuse property ownership and profits. Section 7. The State shall establish, maintain, and ensure adequate social services in the field of education, health, housing, employment, welfare, and social security to guarantee the enjoyment of the people of a decent standard of living. Section 8. Civilian authority is at all times supreme over the military. Section 9. The State shall afford protection to labor, promote full employment and equality in employment, ensure equal work opportunities regardless of sex, race, or creed, and regulate the relation between workers and employers. The State shall assure the rights of workers to self-organization, collective bargaining, security of tenure, and just and humane conditions of work. The State may provide for compulsory arbitration. Section 10. The State shall guarantee and promote the autonomy of local government units, especially the barrio, to ensure their fullest development as self-reliant communities. ARTICLE III CITIZENS Section 1. The following are citizens of the Philippines: Those who are citizens of the Philippines at the time of the adoption of this Constitution. Those whose fathers and mothers are citizens of the Philippines. Those who elect Philippine citizenship pursuant to the provisions of the Constitution of nineteen hundred and thirty-five. Those who are naturalized in accordance with law. Section 2. A female citizen of the Philippines who marries an alien retains her Philippine citizenship, unless by her act or omission she is deemed, under the law, to have renounced her citizenship. Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law. Section 4. A natural-born citizen is one who is a citizen of the Philippines from birth without having to perform any act to acquire or perfect his Philippine citizenship. ARTICLE BILL OF RIGHTS

IV

Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. Section 2. Private property shall not be taken for public use without just compensation. Section 3. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and whatever purpose shall not be violated, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined by the judge, or such other responsible officer as maybe authorized by law, after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched, and the persons or things to be seized. Section 4. The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety and order require otherwise. Any evidence obtained in violation of this or the preceding Section shall be inadmissible for any purpose in any proceeding. Section 5. The liberty of abode and of travel shall not be impaired except upon lawful order of the court, or when necessary in the interest of national security, public safety, or public health. Section 6. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, shall be afforded the citizen subject to such limitations as may be provided by law. Section 7. The right to form associations or societies for purposes not contrary to the law shall not be abridged. Section 8. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights. Section 9. No law shall be passed abridging the freedom of speech, or the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. Section 10. No law granting a title of royalty or nobility shall be enacted. Section 11. No law impairing the obligation of contracts shall be passed. Section 12. No ex post facto law or bill of attainder shall be enacted. Section 13. No person shall be imprisoned for debt or non-payment of a poll tax. Section 14. No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion, insurrection, or rebellion, or imminent danger thereof, when the public safety requires it. Section 16. All persons, shall have the right to a speedy disposition of their cases in all judicial, quasi-judicial, or administrative bodies. Section 17. No person shall be held to answer for a criminal offense without due process of law. Section 18. All persons, except those charged with capital offenses when evidence of guilt is strong shall, before conviction, be bailable by sufficient sureties. Excessive bail shall not be required. Section 19. In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustified. Section 20. No person shall be compelled to be a witness against himself. Any person under investigation for the commission of an offense shall have the right to remain silent and to counsel, and to be informed of such right. No force, violence, threat, intimidation, or any other means which vitiates the free will shall be used against him. Any confession obtained in violation of this section shall be inadmissible in evidence. Section 21. Excessive fines shall not be imposed nor cruel or unusual punishment inflicted. Section 22. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. Section 23. Free access to the courts shall not be denied to any person by reason of poverty.

ARTICLE V DUTIES AND OBLIGATIONS OF CITIZENS Section 1. It shall be the duty of the citizen to be loyal to the Republic and to honor the Philippine flag, to defend the State and contribute to its development and welfare, to uphold the Constitution and obey the laws, and to cooperate with the duly constituted authorities in the attainment and preservation of a just and orderly society. Section 2. The rights of the individual impose upon him the correlative duty to exercise them responsibly and with due regard for the rights of others. Section 3. It shall be the duty of every citizen to engage in gainful work to assure himself and his family a life worthy of human dignity. Section 4. It shall be the obligation of every citizen qualified to vote to register and cast his vote.

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

ARTICLE VII THE PRESIDENT AND VICE-PRESIDENT Section 1. The President shall be the head of state and chief executive of the Republic of the Philippines. Section 2. There shall be a Vice-President who shall have the same qualifications and term of office as the President and may be removed from office in the same manner as the President as provided in Article XIII, Section 2 of this Constitution. The Vice-President may be appointed as a member of the Cabinet and may be nominated and elected as Prime Minister. The Vice-President shall be elected with and in the same manner as the President. The President shall be elected from among the Members of the National Assembly by a majority vote of all its Members for a term of six years from the date he takes his oath of office, which shall not be later than three days after the proclamation of the National Assembly, nor in any case earlier than the expiration of the term of his predecessor. Upon taking his oath of office, the President shall cease to be a Member of the National Assembly and of any political party. He shall be ineligible to hold any other elective office during his term. Section 3. No person may be elected President unless he is at least fifty years of age at the day of his election as President, and a resident of the Philippines for at least ten years immediately preceding his election. However, if no Member of the National Assembly is qualified or none of those qualified is a candidate for President, any Member thereof may be elected President. Section 4. The President shall have an official residence and shall receive a compensation to be fixed by law, which shall not be increased or decreased during his term of office. He shall not receive during his tenure any other emolument from the government or any other source. Until the National Assembly shall provide otherwise, the President shall receive an annual salary of one hundred thousand pesos. The President shall not during his tenure, hold any appointive office, practice any profession, participate directly or indirectly in the management of any business, or be financially interested directly or indirectly in any contract with, or in any franchise or special privilege granted by, the government or any subdivision, agency, or instrumentality thereof, including governmentowned or controlled corporations. Section 5. In case of permanent disability, death, removal from office, or resignation of the President, the Speaker of the National Assembly shall act as President until a successor has been elected for the unexpired portion of the term of the President. Section 6. The President shall have the following duties and functions:

Address the National Assembly at the opening of its regular session. Proclaim the election of the Prime Minister. Dissolve the National Assembly and call for a general election as provided herein. Accept the resignation of the Cabinet as provided herein. Attest to the appointment or cessation from office of Members of the Cabinet, and of other officers as may be provided by law. Appoint all officers and employees in his office in accordance with the Civil Service Law. Perform such other duties and functions of State as may be provided by law. Section 7. The President shall be immune from suit during his tenure.

ARTICLE VIII THE NATIONAL ASSEMBLY Section 1. The Legislative power shall be vested in a National Assembly. Section 2. The National Assembly shall be composed of as many Members as may be provided by law to be appointed among the provinces, representative districts, and cities in accordance with the number of their respective inhabitants and on the basis of a uniform and progressive ratio. Each district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. Representative districts or provinces already created or existing at the time of the ratification of this Constitution shall have at least one Member each. Section 3. The Members of the National Assembly shall be elected by the qualified electors in their respective districts for a term of six years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. In case the National Assembly is dissolved, the newly elected Members shall serve the unexpired portion of the term from the time the Prime Minister convenes the Assembly, which shall not be later than thirty days immediately following the elections. Section 4. No person shall be a Member of the National Assembly unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least twenty-five years of age, able to read and write, a registered voter in the district in which he shall be elected, and a resident thereon for a period of not less than one year immediately preceding the day of the election. Section 5. Unless otherwise provided by law, the regular election of Members of the National Assembly shall be held on the second Monday of May every six years thereafter. In case a vacancy arises in the National Assembly one year or more before a regular election, the Commission on Elections shall call a special election to be held within sixty days after the vacancy occurs. Section 6. The National Assembly shall convene once every year on the fourth Monday of July for its regular session, unless a different date is fixed by law, and shall continue to be in session until thirty days before the opening of its next regular session, exclusive of Saturdays, Sundays, and legal holidays. It may recess for periods not exceeding thirty days each, and not more than ninety days during the year. However, it may be called to session at any time by the Prime Minister to consider such subjects or legislation as he may designate. Section 7. The National Assembly, shall, by a majority vote of all its Members, elect its Speaker from the Members thereof. It shall choose such other officers as it may deem necessary. The election of the President and the Prime Minister shall precede all other business following the election of the Speaker. A majority of the National Assembly shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as the National Assembly may provide. The National Assembly may determine the rules of its proceedings, punish its Members for disorderly behavior, and with concurrence of two-thirds of all its Members, suspend or expel a Member, but if the penalty is suspension, this shall not exceed sixty days. The National Assembly shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-fifth of the Members present, be entered in the Journal. Section 8. Unless otherwise provided by law, each Member of the National Assembly shall receive an annual salary of sixty thousand pesos. The Speaker of the National Assembly shall receive an annual salary of seventy-five thousand pesos. No increase in salary shall take effect until after the expiration of the term of the Members of the National Assembly approving such increase.

The records and books of accounts of the National Assembly shall be open to the public in accordance with law, and such books shall be audited by the Commission on Audit which shall publish annually the itemized expenditures for each Member. Section 9. A Member of the National Assembly shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest during his attendance at its sessions, and in going to and returning from the same; but the National Assembly shall surrender the Member involved to the custody of the law within twenty-four hours after its adjournment for a recess or its next session, otherwise such privilege shall cease upon its failure to do so. A Member shall not be questioned or held liable in any other place for any speech or debate in the Assembly or in any committee thereof. Section 10. A Member of the National Assembly shall not hold any other office or employment in the government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations during his tenure except that of Prime Minister or Member of the Cabinet. Neither shall he be appointed to any civil office which may have been created or the emoluments thereof increased while he was a Member of the National Assembly. Section 11. No Member of the National Assembly shall appear as counsel before any court inferior to a court with appellate jurisdiction, before any court in any civil case wherein the government, or any subdivision, agency, or instrumentality thereof is the adverse party, or before any administrative body. Neither shall he, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by, the government, or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation, during his term of office. He shall not intervene in any matter before any office of the government for his pecuniary benefit. Section 12. There shall be a question hour at least once a month or as often as the rules of the National Assembly may provide, which shall be included in its agenda, during which the Prime Minister or any Minister may be required to appear and answer questions and interpellations by Members of the National Assembly. Written questions shall be submitted to the Speaker at least three days before a scheduled question hour. Interpellations shall not be limited to the written questions, but may cover matters related thereto. The agenda shall specify the subjects of the question hour. When the security of the State so requires and the Prime Minister so states in writing, the question hour shall be conducted in executive session. The National Assembly or any of its committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in such inquiries shall be respected. Section 13. The National Assembly may withdraw its confidence from the Prime Minister only by electing a successor by a majority vote of all its Members. No motion for the election of such successor shall be debated and voted upon until after the lapse of three days from the submittal of such motion. The Prime Minister may advise the President in writing to dissolve the National Assembly whenever the need arises for a popular vote of confidence on fundamental issues, but not on a matter involving his own personal integrity. Whereupon, the President shall dissolve the National Assembly not earlier than five days nor later than ten days from his receipt of the advice, and call for an election on a date set by the Prime Minister which shall not be earlier than forty-five days nor later than sixty days from the date of such dissolution. However, no dissolution of the National Assembly shall take place within nine months immediately preceding a regular election or within nine months immediately following any general election. In case of dissolution of the National Assembly or the termination of its regular term, the incumbent Prime Minister and the Cabinet shall continue to conduct the affairs of government until the new National Assembly is convoked and a Prime Minister is elected and has qualified. Section. 14. Except as otherwise provided in this Constitution, no treaty shall be valid and effective unless concurred in by a majority of all the Members of the National Assembly. The National Assembly, by a vote of two-thirds of all its Members, shall have the sole power to declare the existence of a state of war. Section 15. In times of war or other national emergency, the National Assembly may by law authorize the Prime Minister, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the National Assembly, such powers shall cease upon its next adjournment. Section 16. The Prime Minister shall submit to the National Assembly within thirty days from the opening of each regular session, as the basis of the general appropriations bill, a budget of receipts

based on existing and proposed revenue measures, and of expenditures. The form, content, and manner of preparation of the budget shall be prescribed by law. No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates. The procedure in approving appropriations for the National Assembly shall strictly follow the procedure for approving appropriations for other departments and agencies. A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified to by the National Treasurer, or to be raised by a corresponding revenue proposal included therein. No law shall be passed authorizing any transfer of appropriations; however, the Prime Minister, the Speaker, the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions may by law be authorized to augment any item in the general appropriations law for their respective offices from saving in other items of their respective appropriations. If, by the end of the fiscal year, the National Assembly shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed re-enacted and shall remain in force and effect until the general appropriations bill is passed by the National Assembly. Section 17. The rule of taxation shall be uniform and equitable. The National Assembly shall evolve a progressive system of taxation. The National Assembly may by law authorize the Prime Minister to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts. Charitable institutions, churches, personages or convents appurtenant thereto, mosques and non-profit cemeteries, and all lands, buildings and improvements actually, directly, and exclusively used for religious or charitable purposes shall be exempt from taxation. No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of the National Assembly. Section 18. No money shall be paid out of the Treasury except in pursuance of an appropriation made by law. No public money or property shall ever be appropriated, applied, paid, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion or for the use, benefit, or support of any priest, preacher, minister, or other religious teacher or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium. Section 19. Every bill shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to the Members three days before its passage, except when the Prime Minister certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal. No bill except those of local application shall be calendared without the prior recommendation of the Cabinet. Section 20. Every bill passed by the national Assembly shall, before it becomes a law, be presented to the Prime Minister. If he approves the same he shall sign it; otherwise, he shall veto it and return the same with his objections to the National Assembly. The bill may be reconsidered by the National Assembly and, if approved by two-thirds of all its Members, shall become a law. The Prime Minister shall act on every bill passed by the National Assembly within thirty days after the date of receipt thereof; otherwise, it shall become a law as if he had signed it. The Prime Minister shall have the power to veto any particular item or items in appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object. ARTICLEIX THE PRIME MINISTER AND THE CABINET Section 1. The Executive power shall be exercised by the Prime Minister with the assistance of the Cabinet. The Cabinet, headed by the Prime Minister, shall consist of the heads of ministries as provided by law. The Prime Minister shall be the head of the government. Section 2. The Prime Minister and the cabinet shall be responsible to the National Assembly for the program of government and shall determine the guidelines of national policy.

Section 3. The Prime Minister shall be elected by a majority of all the Members of the National Assembly from among themselves. Section 4. The Prime Minister shall appoint the members of the Cabinet who shall be the heads of ministries at least a majority of whom shall come from the National Assembly. Members of the Cabinet may be removed at the discretion of the Prime Minister. Section 5. The Prime Minister shall appoint the Deputy Prime Minister from among the Members of the National Assembly. The Deputy Prime Minister shall head a ministry and shall perform such other functions as may be assigned to him by the Prime Minister. The Prime Minister shall also appoint the Deputy Ministers who shall perform such functions as may be assigned to them by law or by the respective heads of ministries. Section 6. The Prime Ministers and the Members of the Cabinet, on assuming office, shall take the following oath or affirmation : "I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as (name of position) of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man and consecrate myself to the service of the Nation. So help me God." (In case of affirmation, the last sentence will be omitted) Section 7. The salaries and emoluments of the Prime Minister and the Members of the Cabinet shall be fixed by law which shall not be increased or decreased during their tenure of office. Until otherwise provided by law, the Prime Minister shall receive the same salary as that of the President. Section 8. The Prime Minister and the Members of the cabinet shall be subject to the provisions of sections ten and eleven of Article Eight hereof and may not appear as counsel before any court or administrative body, or participate in the management of any business, or practice any profession. Section 9. The Prime Minister or any Member of the Cabinet may resign for any cause without vacating his seat in the National Assembly. Section 10. The Prime Minister shall, at the beginning of each regular session of the National Assembly, and from time to time thereafter, present the program of government and recommend for the consideration of the National Assembly such measures as he may deem necessary and proper. Section 11. The Prime Minister shall have control of all ministries. Section 12. The Prime Minister shall be commander-in-chief of all armed forces of the Philippines, and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion, insurrection, or rebellion. In case of invasion, or rebellion, or imminent danger thereof when the public safety requires, it he may suspend the privilege of the writ of habeas corpus, or place the Philippines or any part thereof under martial law. Section 13. The Prime Minister shall appoint the heads of bureaus and offices, the officers of the armed forces of the Philippines from the rank of brigadier general or commodore, and all other officers of the Government whose appointments are not herein otherwise provided for, and those whom he may be authorized by law to appoint. However, the National Assembly may by law vest in members of the cabinet, courts, heads of agencies, commissions, and boards the power to appoint inferior officers in their respective offices. Section 14. The Prime Minister may, except in cases of impeachment grant reprieves, commutations, and pardons, remit fines and forfeitures after final conviction, and with the concurrence of the National Assembly, grant amnesty. Section 15. The Prime Minister may contract and guarantee foreign and domestic loans on behalf of the Republic of the Philippines, subject to such limitations as may be provided by law. Section 16. All powers vested in the President of the Philippines under nineteen hundred and thirty-five Constitution and the laws of the land which are not herein provided for or conferred upon any official shall be deemed, and are hereby, vested in the Prime Minister, unless the National Assembly provides otherwise. ARTICLE X THE JUDICIARY Section 1. The Judicial power shall be vested in one Supreme Court and in such inferior courts as may be established by law. The Batasang Pambansa shall have the power to define, prescribe and apportion the jurisdiction of the various courts, but may not deprive the Supreme Court of its jurisdiction over cases enumerated in Section five thereof. Section 2. The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or in two divisions.

All cases involving the constitutionality of a treaty, executive agreement, or law shall be heard and decided by the Supreme Court en banc, and no treaty, executive agreement, or law may be declared unconstitutional without the concurrence of at least ten Members. All other cases, which under its rules are required to be heard en banc, shall be decided with the concurrence of at least eight Members. Cases heard by a division shall be decided with the concurrence of at least five Members, but if such required number is not obtained, the case shall be decided en banc: Provided, that no doctrine or principle of law laid down by the Court in a decision rendered en banc or in a division may be modified or reversed except by the Court sitting en banc. Section 3. No person shall be appointed Member of the Supreme Court unless he is a natural born citizen of the Philippines, at least forty years of age, and has for ten years or more been a judge of a court of record or engaged in the practice of law in the Philippines. The Batasang Pambansa shall prescribe the qualifications of judges of inferior courts, but no person may be appointed judge thereof unless he is a natural-born citizen of the Philippines and a member of the Philippine Bar. Section 4. The Members of the Supreme Court and judges of inferior courts shall be appointed by the President. Section 5. The Supreme Court shall have the following powers: Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. Review and revise, reverse, modify, or affirm on appeal or certiorari, as the law or the rules of court may provide, final judgments and decrees of inferior courts in: All cases in which the constitutionality or validity of any treaty, executive agreement, law, ordinance, or executive order or regulation is in question. All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto. All cases in which the jurisdiction of any inferior court is in issue. All criminal cases in which the penalty imposed is death or life imprisonment. All cases in which only an error or question of law is involved. Assign temporarily judges of inferior courts to other stations as public interest may require. Such temporary assignment shall not last longer than six months without the consent of the judge concerned. Order a change of venue or place of trial to avoid a miscarriage of justice. Promulgate rules concerning pleading, practice, and procedure in all courts, the admission to the practice of law, and the integration of the bar, which, however, may be repealed, altered or supplemented by the Batasang Pambansa. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Appoint its officials and employees in accordance with the Civil Service Law. Section 6. The Supreme Court shall have administrative supervision over all courts and the personnel thereof. Section 7. The Members of the Supreme Court and judges of inferior courts shall hold office during good behavior until they reach the age of seventy years or become incapacitated to discharge the duties of their office. The Supreme Court shall have the power to discipline judges of inferior courts and, by a vote of at least eight Members, order their dismissal. Section 8. The conclusions of the Supreme Court in any case submitted to it for decision en banc or in division shall be reached in consultation before the case is assigned to a Member for the writing of opinion of the Court. Any Member dissenting from a decision shall state the reasons for his dissent. The same requirement shall be observed by all inferior collegiate courts. Section 9. Every decision of a court of record shall clearly and distinctly state the facts and the law on which it is based. The Rules of Court shall govern the promulgation of minute resolutions. Section 10. The salary of the Chief Justice and of the Associate Justices of the Supreme Court, and of judges of inferior courts shall be fixed by law, which shall not be decreased during their continuance in office. Until the Batasang Pambansa shall provide otherwise, the Chief Justice shall receive an annual salary of seventy-five thousand pesos, and each Associate Justice, sixty thousand pesos. Section 11. Upon the effectivity of this Constitution, the maximum period within which a case or matter shall be decided or resolved from the date of its submission, shall be eighteen months for the Supreme Court, unless reduced by the Supreme Court, twelve months for all inferior collegiate courts, and three months for all other inferior courts.

With respect to the Supreme Court and other collegiate appellate courts, when the applicable maximum period shall have lapsed without the rendition of the corresponding decision or resolution, because the necessary vote cannot be had, the judgment, order, or resolution appealed from shall be deemed affirmed except in those cases where a qualified majority is required and in appeals from judgments of conviction in criminal cases, and in original special civil actions and proceedings for habeas corpus, the petition in such cases shall be deemed dismissed, and a certification to this effect signed by the Chief Magistrate of the court shall be issued and a copy thereof attached to the record of the case. Section 12. The Supreme Court shall, within thirty days from the opening of each regular session of the Batasang Pambansa, submit to the President, the Prime Minister, and the Batasang Pambansa an annual report on the operations and activities of the Judiciary. ARTICLE XI LOCAL GOVERNMENT Section 1. The territorial and political subdivisions of the Philippines are the provinces, cities, municipalities, and barrios. Section 2. The Batasang Pambansa shall enact a local government code which may not be thereafter amended except by a majority vote of all its Members, defining a more responsive and accountable local government structure with an effective system of recall, allocating among the different local government units their powers, responsibilities, and resources, and providing for the qualifications, election and removal, term, salaries, powers, functions, and duties of local officials, and all other matters relating to the organization and operation of the local units. However, any change in the existing form of local government shall not take effect until ratified by a majority of the votes cast in a plebiscite called for the purpose. Section 3. No province, city, municipality, or barrio may be created, divided, merged, abolished, or its boundary substantially altered except in accordance with the criteria established in the local government code, and subject to the approval by a majority of the votes cast in a plebiscite in the unit or units affected. Section 4. Provinces with respect to component cities and municipalities with respect to component barrios, shall ensure that the acts of their component units are within the scope of their assigned powers and functions. Highly urbanized cities, as determined by standards established in the local government code shall be independent of the province. Local government units may group themselves, or consolidate or coordinate their efforts, services, and resources for purposes commonly beneficial to them. Section 5. Each local government unit shall have the power to create its own sources of revenue and to levy taxes, subject to limitations as may be provided by law. ARTICLE XII THE CONSTITUTIONAL COMMISSIONS A. Common Provisions Section 1. The Constitutional Commissions shall be the Civil Service Commission, the Commission on Elections, and the Commission on Audit. Section 2. Unless otherwise provided by law, the Chairman and each Commissioner of a Constitutional Commission shall receive an annual salary of sixty thousand pesos, and fifty thousand pesos, respectively, which shall not be decreased during their continuance in office. Section 3. No Member of the Constitutional Commission shall, during his tenure in office, engage in the practice of any profession or in the management of any business, or be financially interested directly or indirectly in any contract with, or in any franchise or privilege granted by, the government, or any subdivision, agency, or instrumentality, thereof, including government- owned or controlled corporations. Section 4. The Constitutional Commissions shall appoint their officials and employees in accordance with the Civil Service Law. B. The Civil Service Commission Section 1. The Civil Service embraces every branch, agency, subdivision, and instrumentality of the government, including every government- owned or controlled corporation. It shall be administered by an independent Civil Service Commission composed of a Chairman and two Commissioners who shall be natural-born citizens of the Philippines, and at the time of their appointment, are at least thirty-five years of age and holders of a college degree, and must not have been candidates for any elective position in the election immediately preceding their appointment. The Chairman and the Commissioners shall be appointed by the Prime Minister for a term of seven years without reappointment. Of the Commissioners first appointed, one shall hold office for seven years, another for five years, and the third for three years.

Appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor. The Commissioner shall, subject to such limitations as may be provided by law, established a career service and adopt measures to promote morale, efficiency, and integrity in the Civil Service. Section 2. Appointments in the Civil Service, except as to those which are policy-determining, primarily confidential, or highly technical in nature, shall be made only according to merit and fitness, to be determined as far as practicable by competitive examination. Section 3. No officer or employee in the Civil Service shall be suspended or dismissed except for cause provided by law. Section 4. No elective official shall be eligible for appointment to any office or position during his term of office. No candidate who lost an election shall be eligible for appointment or reappointment to any office in the government, or in any government-owned or controlled corporation, within one year following such election. Section 5. No officer or employee in the Civil Service, including members of the armed forces, shall engage directly or indirectly in any partisan political activity or take part in any election, except to vote. Section 6. The National Assembly shall provide for the standardization of compensation of government officials and employees, including those in government-owned and controlled corporations, taking into account the nature of the responsibilities pertaining to, and the qualifications required for, the positions concerned. C. The Commission on Elections Section 1. There shall be an independent Commission on Elections composed of a Chairman and eight Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age and holders of college degree. However, a majority thereof, including the Chairman, shall be Members of the Philippine Bar who have been engaged in the practice of law for at least ten years. The Chairman and the Commissioners shall be appointed by the Prime Minister for a term of seven years without reappointment. Of the Commissioners first appointed, three shall hold office for seven years, three for five years, and the last three for three years. Appointments to any vacancy shall be only for the unexpired portion of the term of the predecessor. Section 2. The Commission on Elections shall have the following powers and functions: Enforce and administer all laws relative to the conduct of elections. Be the sole judge of all contests relating to the elections, returns, and qualifications of all Members of the National Assembly and elective provincial and city officials. provincial and city officials. Decide, save those involving the right to vote, administrative questions affecting elections, including the determination of the number and location of polling places, the appointment of election officials and inspectors, and the registration of voters. Deputize, with the consent or at the instance of the Prime Minister, law enforcement agencies and instrumentalities of the Government, including the Armed Forces of the Philippines, for the purpose of ensuring free, orderly, and honest elections. Register and accredit political parties subject to the provisions of Section Eight hereof. Recommend to the National Assembly effective measures to minimize election expenses and prohibit all forms of election frauds and malpractices, political opportunism, guest or nuisance candidacy, or other similar acts. Submit to the President, Prime Minister, and the National Assembly a report on the conduct and manner of each election. Perform such other functions as may be provided by law. Section 3. The Commission on Elections may sit en banc or in three divisions. All election cases may be heard and decided by divisions, except contests involving Members of the National Assembly, which shall be heard and decided en banc. Unless otherwise provided by law, all election cases shall be decided within ninety days from the date of their submission for decision. Section 4. The Commission may recommend to the Prime Minister the removal of, or any other disciplinary action against, any officer or employee it has deputized, for violation or disregard of, or disobedience to its decision, order, or directive. Section 5. The enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities, media of communication, all grants, special privileges, or concessions granted by the government, or any subdivision, agency or instrumentality thereof, including any government-owned or controlled corporation, may be supervised or

regulated by the Commission during the election period for the purpose of ensuring free, orderly, and honest elections. Section 6. Unless otherwise fixed by the Commission in special cases, the election period shall commence ninety days before the day of election and shall end thirty days thereafter. Section 7. No pardon, parole, or suspension of sentence for violation of the law or rules and regulations concerning elections be granted without the recommendation of the Commission. Section 8. A political party shall be entitled to accreditation by the Commission if, in the immediately preceding election, such party has obtained at least the third highest number of votes cast in the constituency to which it seeks accreditation. No religious sect shall be registered as a political party and no political party which seeks to achieve its goals through violence or subversion shall be entitled to accreditation. Section 9. Bona fide candidates for any public office shall be free from any form of harassment and discrimination. No party or candidate shall have membership in the registration board, board of election inspectors, board of canvassers, or other similar bodies. Section 10. No elective public officer may change his political party affiliation during his term of office and no candidate for any elective public office may change his political party affiliation within six months immediately preceding or following an election. Section 11. Any decision, order, or ruling of the Commission may be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from his receipt of a copy thereof. D. Commission on Audit

Section 1. There shall be an independent Commission on Audit composed of a Chairman and two Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least forty years of age and certified public accountants or members of the Philippine Bar for at least ten years. The Chairman and the Commissioners shall be appointed by the Prime Minister for a term of seven years without reappointment. Of the Commissioners first appointed, one shall hold office for seven years, another for five years, and the third for three years. Appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor. Section 2. The Commission on Audit shall have the following powers and functions: Examine, audit, and settle, in accordance with law and regulations, all accounts pertaining to the revenues and receipts of, and expenditures or uses of funds and property, owned or held in trust by, or pertaining to, the Government, or any of its subdivisions, agencies, or instrumentalities, including government-owned and controlled corporations; keep the general accounts of the government and, for such period as may be provided by law, preserve the vouchers pertaining thereto; and promulgate accounting and auditing rules and regulations including those for the prevention of irregular, unnecessary, excessive, or extravagant expenditures or use of funds and property. Decide any case brought before it within sixty days from the date of its submission for resolution. Unless otherwise provided by law, any decision, order, or ruling of the Commission may be brought to the Supreme Court on certiorari by the aggrieved party within days from his receipt of a copy thereof. Submit to the President, the Prime Minister, and the National Assembly, within the time fixed by law, an annual financial report of the government, its subdivisions, agencies, and instrumentalities, including government-owned and controlled corporations, and recommend measures necessary to improve their efficiency and effectiveness. It shall submit such other reports as may be required by law. Perform such other duties and functions as may be prescribed by law. ARTICLE XIII ACCOUNTABILITY OF PUBLIC OFFICERS Section 1. Public office is a public trust. Public officers and employees shall serve with the highest degree of responsibility, integrity, loyalty, and efficiency, and shall remain accountable to the people. Section 2. The President, the Justices of the Supreme Court, and the Members of the Constitutional Commissions shall be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, other high crimes, or graft and corruption. Section 3. The National Assembly shall have the exclusive power to initiate, try, decide all cases of impeachment. Upon the filing of a verified complaint, the National Assembly may initiate impeachment by a vote of at least one-fifth of all its Members. No official shall be convicted without the concurrence of at least two-thirds of all the members thereof. When the National Assembly sits in impeachment cases, its Members shall be on oath or affirmation.

Section 4. Judgment in cases of impeachment shall be limited to removal from office and disqualification to hold any office of honor, trust, or profit under the Republic of the Philippines, but the party convicted shall nevertheless be liable and subject to prosecution, trial, and punishment, in accordance with law. Section 5. The National Assembly shall create a special court, to be known as Sandiganbayan, which shall have jurisdiction over criminal and civil cases involving graft and corrupt practices and such other offenses committed by public officers and employees, including those in government-owned or controlled corporations, in relation to their office as may be determined by law. Section 6. The National Assembly shall create an office of the Ombudsman, to be known as Tanodbayan, which shall receive and investigate complaints relative to public office, including those in government-owned or controlled corporations, make appropriate recommendations, and in case of failure of justice as defined by law, file and prosecute the corresponding criminal, civil, or administrative case before the proper court or body. ARTICLE XIV THE NATIONAL ECONOMY AND THE PATRIMONY OF THE NATION Section 1. The National Assembly shall establish a National Economic and Development Authority, to be headed by the Prime Minister, which shall recommend to the National Assembly, after consultation with the private sector, local government units, and other appropriate public agencies, continuing, coordinated, and fully integrated social and economic plans and programs. Section 2. The State shall regulate or prohibit private monopolies when the public interest so requires. No combinations in restraint of trade or unfair competition shall be allowed. Section 3. The National Assembly shall, upon recommendation of the National Economic and Development Authority, reserve to citizens of the Philippines or to corporations or associations wholly owned by such citizens, certain traditional areas of investments when the national interest so dictates. Section 4. The National Assembly shall not, except by general law, provide for the formation, organization, or regulation of private corporations, unless such corporations are owned or controlled by the government or any subdivision or instrumentality thereof. Section 5. No franchise, certificate, or any other form of authorization for the operation of a public utility shall be granted except to citizens of the Philippines at least sixty per centum of the capital of which is owned by such citizens, nor shall such franchise, certificate, or authorization be exclusive in character or for a longer period then fifty years. Neither shall any such franchise or right be granted except under the condition that it shall be subject to amendment, alteration, or repeal by the National Assembly when the public interest so requires. The State shall encourage equity participation in public utilities by the general public. The participation of foreign investors in the governing body of any public utility enterprise shall be limited to their proportionate share in the capital thereof. Section 6. The State may, in the interest of the national welfare or defense, establish and operate industries and means of transportation and communication, and, upon payment of just compensation, transfer to public ownership utilities and other private enterprises to be operated by the government. Section 7. In times of national emergency when the public interest so requires, the State may temporarily take over or direct the operation of any privately owned public utility or business affected with public interest. Section 8. All lands of public domain, waters, minerals, coal, petroleum and other mineral oils, all forces of potential energy, fisheries, wildlife, and other natural resources of the Philippines belong to the State. With the exception of agricultural, industrial or commercial, residential, or resettlement lands of the public domain, natural resources shall not be alienated, and no license, concession, or lease for the exploration, or utilization of any of the natural resources shall be granted for a period exceeding twenty-five years, except as to water rights for irrigation, water supply, fisheries, or industrial uses other than development of water power, in which cases, beneficial use may by the measure and the limit of the grant. Section 9. The disposition, exploration, development, exploitation, or utilization of any of the natural resources of the Philippines shall be limited to citizens of the Philippines, or to corporations or associations at least sixty per centum of the capital which is owned by such citizens. The National Assembly, in the national interest, may allow such citizens, corporations or associations to enter into service contracts for financial, technical, management, or other forms of assistance with any foreign person or entity for the exploration, or utilization of any of the natural resources. Existing valid and binding service contracts for financial, technical, management, or other forms of assistance are hereby recognized as such.

Section 10. Lands of the public domain are classified into agricultural, industrial, or commercial, residential, resettlement, mineral, timber or forest, and grazing lands, and such other classes as may be provided by law. Section 11. The National Assembly taking into account conservation, ecological, and developmental requirements of the natural resources shall determine by law the size of lands of the public domain which may be developed, held or acquired by, or leased to, any qualified individual, corporation or association, and the conditions therefor. No private corporation or association may hold alienable lands of the public domain except by lease not to exceed one thousand hectares in area; nor may any citizen hold such lands by lease in excess of five hundred hectares or acquire by purchase or homestead in excess of twenty-four hectares. No private corporation or association may hold by lease, concession, license, or permit timber or forest lands and other timber or forest resources in excess of one hundred thousand hectares; however, such area may be increased by the National Assembly upon recommendation of the National Economic and Development Authority. Section 12. The State shall formulate and implement an agrarian reform program aimed at emancipating the tenant from the bondage of the soil and achieving the goals enunciated in this Constitution. Section 13. The National Assembly may authorize, upon payment of just compensation, the expropriation of public lands to be subdivided into small lots and conveyed at cost to deserving citizens. Section 14. Save in cases of hereditary succession, no private land shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain. Section 15. Any provision of paragraph one, Section 14, Article VIII and of this Article notwithstanding, the Prime Minister may enter into international treaties or agreement as the national welfare and interest may require. ARTICLE XV GENERAL PROVISIONS Section 1. The flag of the Philippines shall be red, white, and blue, with a sun and three stars, as consecrated and honored by the people and recognized by law. Section 2. The Interim National Assembly may by law adopt a new name for the country, a national anthem, and a national seal, which shall all be truly reflective and symbolic of ideas, history, and traditions of the people. Thereafter the national name, anthem, and seal so adopted shall not be subject to change except by constitutional amendment. Section 3. This Constitution shall be officially promulgated in English and in Pilipino, and translated into each dialect spoken by over fifty thousand people, and into Spanish and Arabic. In case of conflict, the English text shall prevail. The National Assembly shall take steps towards the development and formal adoption of a common national language to be known as Filipino. Until otherwise provided by law, English and Pilipino shall be the official languages. Section 4. All public officers and employees and members of the armed forces shall take an oath to support and defend the Constitution. Section 5. No elective or appointive public officer or employee shall receive additional or double compensation unless specifically authorized by law, nor accept, without the consent of the National Assembly, any present, emolument, office or title of any kind from any foreign state. Section 6.No salary or any form of emolument of any public officer or employee, including constitutional officers, shall be exempt from payment of income tax. Section 7. The ownership and management of mass media shall be limited to citizens of the Philippines or corporations or associations wholly owned and managed by such citizens. The governing body of every entity engaged in commercial telecommunications shall i all cases be controlled by citizens of the Philippines. Section 8. All educational institutions shall be under the supervision of and subject to regulation by the State. The State shall establish and maintain a complete, adequate, and integrated system of education relevant to goals of national development. All institutions of higher learning shall enjoy academic freedom. The study of the Constitution shall be part of the curricula in all schools. All educational institutions shall aim to inculcate love of country, teach the duties of citizenship, and develop moral character, personal discipline, and scientific, technological, and vocational efficiency.

The State shall maintain a system of free public elementary education and, in areas where finances permit, establish and maintain a system of free public education at least up to the secondary level. The State shall provide citizenship and vocational training to adult citizens and out-of-school youth, and create and maintain scholarships for poor and deserving students. Educational institutions, other than those established by religious orders, mission boards, and charitable organizations, shall be owned solely by citizens of the Philippines, or corporations or associations sixty per centum of the capital of which is owned by such citizens. The control and administration of educational institutions shall be vested in citizens of the Philippines. No education institution shall be established exclusively for aliens, and no group of aliens shall comprise more than one-third of the enrollment of any school. The provisions of this subsection shall not apply to schools established for foreign diplomatic personnel and their dependents and, unless otherwise provided by law, for another foreign temporary resident. At the option expressed in writing by the parents or guardians, and without cost to them and the government, religion shall be taught to their children or wards in public elementary and high schools as may be provided by law. Section 9. The State shall promote scientific research and invention. The advancement of science and technology shall have priority in the national development. Filipino culture shall be preserved and developed for national identity. Arts and letters shall be under the patronage of the State. The exclusive right to inventions, writings, and artistic creations shall be secured to investors, authors and artists for a limited period. Scholarships, grants-in-aid, or other forms of incentives shall be provided for specially gifted children. Section 10. It shall be the responsibility of the State to achieve and maintain population levels most conducive to the national welfare. Section 11. The State shall consider the customs, traditions, beliefs, and interests of national cultural communities in the formulation and implementation of State policies. Section 12. The State shall establish and maintain integrated national police force whose organization, administration, and operation, shall be provided by law. Section 13. The armed forces of the Philippines shall include a citizen army composed of all able-bodied citizens of the Philippines who shall undergo military training as may be provided by law. It shall keep a regular force necessary for the security of the State. The citizen army shall have a corps of trained officers and men in active duty status as may be necessary to train, service, and keep it in reasonable preparedness at all times. Section 14. The National Assembly shall establish a central monetary authority which shall provide policy direction in the areas of money, banking, and credit to achieve national economic objectives. It shall have supervisory authority over the operation of banks and exercise such regulatory authority as may be provided by law over the operations of finance companies and other institutions performing similar functions. Until the National Assembly shall otherwise provide, the Central Bank of the Philippines, operating under existing laws, shall function as the central monetary authority. Section 15. The separation of the church and the State shall be inviolable. Section 16. The State may not be sued without its consent. ARTICLE XVI AMENDMENTS Section 1. Any amendment to, or revision of, this Constitution may be proposed by the National Assembly upon a vote of three-fourths of all its Members, or by a constitutional convention. The National Assembly may, by a vote of two-thirds of all its Members, call a constitutional convention, or by a majority vote of all its Members, submit the question of calling such a convention to the electorate in an election. Section 2. Any amendment to or revision of this Constitution shall be valid when ratified by a majority of the votes cast in the plebiscite which shall be held not later than three months after the approval of such amendment or revision. ARTICLE XVII TRANSITORY PROVISIONS Section 1. There shall be an Interim National Assembly which shall exist immediately upon the ratification of this Constitution and shall continue until the Members of the regular National Assembly shall have been elected and shall have assumed office following an election called for the purpose by the Interim National Assembly. Except as otherwise provided in this Constitution, the Interim National Assembly shall have the same powers and its Members shall

have the same functions, responsibilities, rights, privileges, and disqualifications as the regular National Assembly and the Members thereof. Section 2. The Members of the Interim National Assembly shall be the incumbent President and Vice-President of the Philippines, those who served as President of the nineteen hundred and seventy-one Constitutional Convention, those Members of the Senate and the House of Representatives who shall express in writing to the Commission on Elections within thirty days after the ratification of this Constitution their option to serve therein, and those Delegates to the nineteen hundred and seventy-one Constitutional Convention who have opted to serve therein by voting affirmatively for this Article. They may take their oath of office before any officer authorized to administer oaths and who qualify thereto, after the ratification of this Constitution. Section 3. The incumbent President of the Philippines shall initially convene the Interim National Assembly and shall preside over its sessions until the interim Speaker shall have been elected. He shall continue to exercise his powers and prerogatives under the nineteen hundred and thirty-five Constitution and the powers vested in the President and the Prime Minister under this Constitution until he calls upon the Interim National Assembly to elect the interim President and interim Prime Minister who shall then exercise their respective powers vested by this Constitution. All proclamations, orders, decrees, instructions, and acts promulgated, issued, or done by the incumbent President shall be part of the law of the land, and shall remain valid, legal, binding, and effective even after the lifting of the Martial Law or the ratification of this Constitution unless modified, revoked, or superseded by subsequent proclamations, orders, decrees, instructions, or unless expressly or implicitly modified or repealed by the regular National Assembly. Section 4. The interim Prime Minister and his Cabinet shall exercise all the powers and functions, and discharge the responsibilities of the regular Prime Minister and his Cabinet, and shall be subject to the same disqualifications provided in this Constitution. Section 5. The Interim National Assembly shall give priority to measures for the orderly transition from the Presidential to the Parliamentary system, the reorganization of the government, the eradication of graft and corruption, programs for the effective maintenance of peace and order, the implementation of declared agrarian reforms, the standardization of compensation of government employees, and such other measures as shall bridge the gap between the rich and the poor. Section 6. The Interim National Assembly shall reapportion the Assembly seats in accordance with Article Eight, Section two, of this Constitution. Section 7. All existing laws not inconsistent with this Constitution shall remain operative until amended, modified, or repealed by the National Assembly. Section 8. All courts existing at the time of the ratification of this Constitution shall continue and exercise their jurisdiction, until otherwise provided by law in accordance with this Constitution, and all cases pending in said courts shall be held, tried, and determined under the laws then in force. The provisions of the existing Rules of Court not inconsistent with this Constitution shall remain operative unless amended, modified, or repealed by the Supreme Court or the National Assembly. Section 9. All officials and employees in the existing government of the Republic of the Philippines shall continue in office until otherwise provided by law or decreed by the incumbent President of the Philippines, but all officials whose appointments are by this Constitution vested in the Prime Minister shall vacate their respective offices upon the appointment and qualification of their successors. Section 10. The incumbent Members of the Judiciary may continue in office until they reach the age of seventy years, unless sooner replaced in accordance with the preceding section hereof. Section 11. The rights and privileges granted to citizens of the United States or to corporations or associations owned or controlled by such citizens under the ordinance appended to the nineteen hundred and thirty-five Constitution shall automatically terminate on the third day of July, nineteen hundred and seventy-four. Titles to private lands acquired by such persons before such date shall be valid as against other private persons only. Section 12. All treaties, executive agreements, and contracts entered into by the government or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations are hereby recognized as legal, valid and binding. When the national interest so requires, the incumbent President of the Republic or the interim Prime Minister may review all contracts, concessions, permits, or other forms of privileges for the exploration, exploitation, development, or utilization of natural resources entered into, granted, issued, or acquired before the ratification of this Constitution.

Section 13. Any public officer or employee separated from the service as a result of the reorganization effected under this Constitution shall, if entitled under the laws then in force, receive the retirement and other benefits accruing thereunder. Section 14. All records, equipment, buildings, facilities, and other properties of any office or body abolished or reorganized under this Constitution shall be transferred to the office or body to which its powers, functions, and responsibilities substantially pertain. Section 15. The Interim National Assembly, upon special call by the interim Prime Minister may, by a majority vote of all its Members propose amendments to this Constitution. Such amendment shall take effect when ratified in accordance with Article Sixteen hereof. Section 16. This Constitution shall take effect immediately upon its ratification by a majority of the votes cast in a plebiscite called for the purpose and, except as herein provided, shall supersede the Constitution of nineteen hundred and thirty-five and all amendments thereto

1987 CONSTITUTION PHILIPPINES National Territory Declaration of Principles and State Policies Bill of Rights Citizenship Suffrage the Legislative Department Executive Department Judicial Department Constitutional Commissions Local Government Accountability of Public Officers National Economy and Patrimony Social Justice and Human Rights Education, Science and Technology, Arts, Culture, and Sports the Family General Provisions Amendments or Revisions Transitory Provisions national territory comprises the Philippine archipelago Declaration of Principles and State Policies (28 Sections)  Principles - (Sec.1) Philippines is a democratic and republican State - (Sec. 2) The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law - (Sec. 4) The prime duty of the Government is to serve and protect the people - The separation of Church and State shall be inviolable  State Policies - (Sec. 8) Pursues a policy of freedom from nuclear weapons in its territory - (Sec.11)The State values the dignity of every human person and guarantees full respect for human rights - (Sec.22) The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development - (Sec.26)The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law Bill of Rights - No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws - No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances - Private property shall not be taken for public use without just compensation - No person shall be imprisoned for debt or non-payment of a poll tax -(Sec.1) The following are citizens of the Philippines: [1] Those who are citizens of the Philippines at the time of the adoption of this Constitution; [2] Those whose fathers or mothers are citizens of the Philippines; [3] Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and [4] Those who are naturalized in accordance with law. Section 1. Suffrage may be exercised by all citizens of the Philippines - who are at least eighteen years of age -who shall have resided in the Philippines for at least one year, and in the place wherein they propose to vote, for at least six months immediately preceding the election.  No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage ( Sec. 1)The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives Senate -24 senators with 6 years term No person shall be a Senator unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least thirty-five years of age, able to read and write, a registered voter, and a resident of the Philippines for not less than two years immediately preceding the day of the election. Representatives -3 years term -No person shall be a Member of the House of Representatives unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least twenty-five years of age, able to read and write, and, except the party-list representatives, a registered voter in the district in which he shall be elected, and a resident thereof for a period of not less than one year immediately preceding the day of the election. (Sec. 1) The executive power shall be vested in the President of the Philippines. (Sec. 2) No person may be elected President unless he is  a natural-born citizen of the Philippines,  a registered voter, able to read and write,  at least forty years of age on the day of the election  a resident of the Philippines for at least ten years immediately preceding such election. (Sec. 18) In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. (Sec. 1)The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law settle actual controversies involving rights and to determine whether or not there has been a grave abuse  (Sec. 4)The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices  (Sec. 7) A Member of the Supreme Court

must be -Natural-born citizens at least forty years of age, and must have been for fifteen years or more, a judge of a lower court or engaged in the practice of law in the Philippines. (Sec. 1)The Constitutional Commissions, which shall be independent, are the Civil Service Commission, the Commission on Elections, and the Commission on Audit THE CIVIL SERVICE COMMISSION -Chairman and two Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, with proven capacity for public administration THE COMMISSION ON ELECTIONS -Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, have been engaged in the practice of law for at least ten years THE COMMISSION ON AUDIT -composed of a Chairman and two Commissioners, who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, Certified Public Accountants with not less than ten years of auditing experience, or members of the Philippine Bar who have been engaged in the practice of law for at least ten years (Sec.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  (Sec. 8) 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 Section 2. The President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. (Sec. 1) The goals of the national economy are a more equitable distribution of opportunities, income, and wealth; a sustained increase in the amount of goods and services produced by the nation for the benefit of the people Social Justice  (Sec. 2) The promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative and self-reliance Human Rights  (Sec. 17) There is hereby created an independent office called the Commission on Human Rights ◦ composed of a Chairman and four Members who must be natural-born citizens of the Philippines and a majority of whom shall be members of the Bar (Sec. 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. The foregoing proposed Constitution of the Republic of the Philippines was approved by the Constitutional Commission of 1986 on the twelfth day of October,nineteen hundred and eightysix, and accordingly signed on the fifteenth day of October, nineteen hundred and eighty-six at the Plenary Hall, National Government Center, Quezon City, by the Commissioners whose signatures are hereunder affixed.

TAXATION is defined in many ways. Commonly heard definitions include: It is the process by which the sovereign, through its law-making body, races revenues use to defray expenses of government. It is a means of government in increasing its revenue under the authority of the law, purposely used to promote welfare and protection of its citizenry. It is the collection of the share of individual and organizational income by a government under the authority of the law. Distinction of Tax It is enforced contribution. Its payment is not voluntary nature, and the imposition is not dependent upon the will of the person taxed. It is generally payable in cash. This means that payment by checks, promissory notes, or in kind is not accepted. It is proportionate in character. Payment of taxes should be based on the ability to pay principle; the higher income of the tax payer the bigger amount of the tax paid. It is levied (to impose; collect) on person or property. There are taxes that are imposed or levied on acts, rights or privileges. Ex. Documentary tax. It is levied by the state which has jurisdiction over the person or property. As a general rule, only persons, properties, acts, right or transaction within the jurisdiction of the taxing state are subject for taxation. It is levied by the law-making body of the state. This means that a prior law must be enacted first by the congress before assessment and collection may be implemented of the 1987 constitution. It is levied for public purposes. Taxes or imposed to support the government for implementation of projects and programs. 1. As to subject matter • • Personal, Poll or Capitation Tax (ex. Residence Tax) Property Tax. (ex. Real State Tax) 2. As to who bears the burden • • Direct Tax (ex. Income Tax) Indirect Tax (ex. Buying of goods and services (RVAT)) 3. As to purpose General Tax (ex. Almost All Taxes) Special Tax 4. As to scope National Tax (ex. National Revenue Taxes) Local Tax MODYUL 22 ANG PAMBANSANG BADYET.pdf How to Compute Income Tax in the Philippines Computing income tax expense and payable is different for individuals and corporations. Taxable corporations may be taxed using a fixed income tax rate. On the other hand, if you are a self-employed professional or an owner of a single proprietorship business, your income tax expense is computed using a graduated tax rate. It is a progressive tax which the tax rate increases as the taxable base amount increases. This means that the higher taxable income you have, the higher your income tax expense is. Personal Exception 1. Single or divorced without dependent P50,000 2. Head of the Family P50,000 3. Married individuals P50,000 In, government spending, government expenditure, or government spending on goods and services includes all government consumption and investment by a state. DBM Files2012 Annual Report.pdf Government acquisition of goods and services for current use to directly satisfy individual or collective needs of the members of the community is called government final consumption expenditure (GFCE.) Government acquisition of goods and services intended to create future benefits, such as infrastructure investment or research spending, is called gross fixed capital formation, or government investment, which usually is the largest part of the government.

PROMINENT FILIPINO HERO A national hero of the Philippines is a Filipino who has been recognized as a hero for his or her role in the history of the country. Loosely, the term may refer to all Filipino historical figures recognized as heroes, but the term more strictly refers to those officially designated as such. In 1995 the Philippine National Heroes Committee officially recommended several people for the designation, but this was not acted upon. As of 2007, no one had ever been officially recognized as a Philippine national hero.[1] The reformist writer Jose Rizal, today generally considered the greatest Filipino hero and often given as the Philippine national hero, has never been explicitly proclaimed as the (or even a) national hero by the Philippine government.[1] Besides Rizal, the only other Filipinos currently given implied recognition as national hero such as revolutionary Andres Bonifacio[1]. While other historical figures are commemorated in public municipal or provincial holidays, Rizal and Bonifacio are commemorated in public nationwide (national) holidays and thus are implied to be national heroes.[1] The National Heroes Committee recommended Jose Rizal, Andres Bonifacio, Emilio Aguinaldo, Apolinario Mabini, Marcelo H. del Pilar, Sultan Dipatuan Kudarat, Juan Luna, Melchora Aquino(no relation to Benigno Aquino), and Gabriela Silang to be recognized as national heroes on November 15, 1995.[1] As of today,[timeframe?] no action has been taken for these recommended national heroes. A bill filed by Congressman Rene Relampagos from Bohol in February 2014 sought, among other things, to declare Jose Rizal as the sole Filipino national hero.[2] According to the bill, he was a nationalist and well known for his Philippine reforms advocacy during the Spanish colonial era.[3] As of January 1, 2017, the status of the bill was "Pending with the Committee on REVISION OF LAWS since 2014-02-19".[4]

Qualifications According to the 1993 Technical Committee, the National Hero shall be: Those who have a concept of nation and thereafter aspire and struggle for the nation’s freedom.  

Those who define and contribute to a system or life of freedom and order for a nation. Heroes are those who make the nation’s constitution and laws. Heroes are those who contribute to the quality of life and destiny of a nation.

Three more criteria were added in 1995: A hero is part of the people’s expression. But the process of a people’s internalization of a hero’s life and works takes time, with the youth forming a part of the internalization.  

A hero thinks of the future, especially the future generations. The choice of a hero involves not only the recounting of an episode or events in history, but of the entire process that made this particular person a hero.

History

1890s Already admired in his lifetime for his nationalistic writings and activities, Jose Rizal was executed for treason on December 30, 1896 by the Spanish colonial government. His writings had helped inspire the Philippine Revolution against colonial rule. On December 20, 1898, Emilio Aguinaldo, President of the Philippine government, decreed December 30 of every year a day of national mourning in honor of Rizal and other victims of the revolution. Henceforth, December 30 has been celebrated as Rizal Day.[1]

1900s By the start of the 19th century, the Philippines had become a territory of the United States. Rizal was given special attention as a hero by the American colonial administration. This was because Rizal was interpreted to represent peaceful political advocacy, unlike more radical people whose ideas could inspire resistance against American rule.[5][6] Rizal was selected over the revolutionaries Andres Bonifacio, who was viewed as too radical, and Apolinario Mabini,

who was considered unregenerate.[6] In June 1901, Act No. 137 Commission reorganized the district of Morong into the Province of Rizal.[1]

of

the Taft

1910s On February 23, 1918, the Philippine Legislature issued Act No. 2760 which promoted the creation, maintenance, and improvement of national monuments, particularly the creation of a monument in memory of Andres Bonifacio, leader of the Katipunan secret society which spearheaded the Philippine Revolution.[1]

1920s On February 16, 1921, the Philippine Legislature enacted Act No. 2946, which made November 30 of each year a legal holiday to commemorate the birth of Andres Bonifacio, henceforth called Bonifacio Day.[1]

1930s On October 28, 1931, the Philippine Legislature enacted Act No. 3827, declaring the last Sunday of August of every year as National Heroes Day.[1]

1960s By or even before 1960, Rizal was already held in such esteem that he was referred to as the Philippine national hero, even though no legislation had been passed making it official. That year, historian Teodoro Agoncillo wrote in his History of the Filipino People that the Philippine national hero, unlike those of other countries, was not "the leader of its liberation forces".[7] Agoncillo noted the sentiments of certain quarters calling for Rizal's replacement as the national hero by Andres Bonifacio, since Rizal was interpreted as ultimately a reformist content to be under Spain, not a revolutionary wishing for independence. A distant relative of Emilio Aguinaldo who took over the reins of revolutionary power from Bonifacio and ordered the "execution" of the former, Agoncillo opined that Bonifacio should not replace Rizal as the national hero but be honored alongside him.

1970s Historian Renato Constantino, building upon sentiments noted by Agoncillo, wrote in his 1970 essay Veneration Without Understanding that Rizal was unworthy of his high status since he was a "United States-sponsored hero".[5]

1990s In 1990, historian Ambeth Ocampo stated that Rizal was a "conscious hero" stating that he is projected himself as a national figure prior to his execution and that he was deemed as the national hero by Bonifacio, noting naming Rizal as the honorary president of the Katipunan, long-before being given reverence by the American colonial administrators.[8] President Fidel V. Ramos formed the National Heroes Committee on March 28, 1993 under Executive Order No. 75, titled "Creating the National Heroes Committee Under the Office of the President". The National Heroes Committee was tasked to study, evaluate and recommend Filipino national heroes to recognize their heroic character and remarkable achievements for the country.[1] On November 30, 1994 (Bonifacio Day), President Ramos issued Proclamation No. 510 which declared the year 1996 (the centennial of the Philippine Revolution) as the Year of Filipino Heroes.[1] The National Heroes Committee recommended the following nine individuals to be recognized as national heroes on November 15, 1995:[1]         

Jose Rizal[1] Andres Bonifacio[1] Emilio Aguinaldo[1] Apolinario Mabini[1] Marcelo H. del Pilar[1] Muhammad Dipatuan Kudarat[1] Juan Luna[1] Melchora Aquino[1] Gabriela Silang[1]

Their report was submitted to the Department of Education, Culture and Sports on November 22 of that year. However, no action was taken afterwards. It was speculated that any action might cause a number of requests for proclamation or trigger debates that revolve around the controversies about the concerned historical figures.

2000s On July 24, 2007, President Gloria Macapagal Arroyo approved Republic Act No. 9256, which declared the Monday nearest August 21 a nationwide special holiday in honor of Senator Benigno "Ninoy" Aquino, Jr., called Ninoy Aquino Day. August 21 is Aquino's death anniversary.[9] On the same date President Macapagal-Arroyo also approved Republic Act No. 9492, which decreed that National Heroes Day be celebrated on the last Monday of August, Bonifacio Day on the Monday nearest November 30, and Rizal Day on the Monday nearest December 30.[10] Following the death of President Corazon "Cory" Aquino on August 1, 2009, two resolutions, House Joint Resolution Nos. 41 and 42, have been filed proposing her official recognition as a national hero with her birthdate January 25 as Cory Aquino Day.[11][12] Only three Filipinos were celebrated with their own National Days namely: Andrés Bonifacio, José Rizal and Benigno Aquino, Jr.. As of 12 June 1993, nine historical figures had been selected for recommendation as national heroes.

FILIPINO CULTURAL HERITAGE The culture of the Philippines is a combination of cultures of the East and West.[1] Filipino identity was born at the same time as its creation, Mainly from its pre-colonial cultures that merged with the influence of the colonizers and Chinese traders that melted and evolved to its own unique classical Filipino identity. In the pre-colonial times, it was a divided set of nations, islands and tribes being ruled by their own specific social kings, chieftains, Lakans, Rajahs, Datus and Sultans. Every nation has its own identity and some are even part of a larger empire outside of the modern day map of what is now the Philippines, for example; Manila was once part of the Bruneian Empire. Another example is many parts of the modern day Mindanao is theorized to be part of the Majapahit empire with its capital being located in East Java in the modern day Indonesia. The advent of the colonial arrival to the islands started the modern day Philippines. As it was during that time, that what is today a united islands now known as the Philippines was created. The Chinese influenced has been felt throughout Southeast Asia through trade, even before the colonization of the region specifically Ming dynasty and other earlier dynasties as early as the 9th century. But it was during the Spanish colonization that modern day Chinese Filipino signature-mark on what is now the Philippines was developed. These cultures that melted from pre-colonial internal culture and external influence is very evident in the pre-modern era arts and tradition of the Philippines. The Philippines was first settled by Negritos; today, although few in numbers, they preserve a very traditional way of life and culture. After them, the Austronesians arrived on the archipelago. Today, the Austronesian culture is strongly evident in the ethnicities, languages, cuisine, music, dance and almost every aspect of the culture. These Austronesians engaged in trading with other Austronesians, particularly in the neighbouring nations of Indonesia, Malaysiaand Brunei. They also traded with the mainland Southeast Asia, as well as Japan, China, the Indian subcontinent and Arabia. As a result, some of these cultures marked their influences on Philippine culture.[2][3] The Spanish Empire then gradually colonized the islands between the 16th and 19th centuries (Batanes being one of the last places to be colonized in the mid-1800s), after more than three centuries of colonization, Roman Catholicism spread throughout the archipelago and influenced the religion of the native people. Then, after being colonized by Spain, the Philippines became a U.S. territory for almost 50 years. Influence from the United States is manifested in the wide use of the English language, media and in the modern culture and clothing of present-day Philippines.

Individual Compilation in Mga Babasahin hingil sa Kasaysayan ng Pilipinas

Ipinasa ni: Edisa Borjal BSTM-1A Ipinasa kay: Dr.Sharon Mariano