PREAMBLE
We, the sovereign
Filipino people, imploring the aid of Almighty God, in
order to build a just and humane society and establish a
Government that shall embody our ideals and aspirations,
promote the common good, conserve and develop our
patrimony, and secure to ourselves and our posterity the
blessings of independence and democracy under the rule
of law and a regime of truth, justice, freedom, love,
equality, and peace, do ordain and promulgate this
Constitution.
ARTICLE 1
NATIONAL TERRITORY
The national territory
comprises the Philippine archipelago, with all the
islands and waters embraced therein, and all other
territories over which the Philippines has sovereignty
or jurisdiction, consisting of its terrestrial, fluvial
and aerial domains, including its territorial sea, the
seabed, the subsoil, the insular shelves, and other
submarine areas. The waters around between, the
connecting the islands of the archipelago, regardless of
their breadth and dimensions, from part of the internal
waters of the Philippines.
ARTICLE 2
DECLARATION OF PRINCIPLES AND STATE POLICIES
Principles
Section 1.
The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government
authority emanates from them.
Section 2.
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 3.
Civilian authority is, at all times, supreme over
the military. The Armed Forces of the Philippines
is the protector of the people and the State. Its
goal is to secure the sovereignty of the State and
the integrity of the national territory.
Section 4.
The prime duty of the Government is to serve and
protect the people. The Government may call upon
the people to defend the State and, in the
fulfillment thereof, all citizens may be
required, under conditions provided by law, to
render personal, military or civil service.
Section
5. The maintenance of peace and
order, the protection of life, liberty, and
property, and promotion of the general welfare
are essential for the enjoyment by all the
people of the blessings of democracy.
Section 6. The separation of Church
and State shall be inviolable.
State Policies
Section 7. The State shall pursue
an independent foreign policy. In its
relations with other states the paramount
consideration shall be national
sovereignty, territorial integrity,
national interest, and the right to self-
determination.
Section 8. The Philippines,
consistent with the national interest,
adopts and pursues a policy of freedom
from nuclear weapons in its territory.
Section 9. The State
shall promote a just and dynamic
social order that will ensure the
prosperity and independence of the
nation and free the people from
poverty through policies that provide
adequate social services, promote full
employment, a rising standard of
living, and an improved quality of
life for all.
Section 10. The
State shall promote social justice
in all phases of national
development.
Section 11. The
State values the dignity of every
human person and guarantees full
respect for human rights.
Section 12. The
State recognizes the sanctity of
family life and shall protect
and strengthen the family as a
basic autonomous social
institution. It shall equally
protect the life of the mother
and the life of the unborn from
conception. The natural and
primary right and duty of
parents in the rearing of the
youth for civic efficiency and
the development of moral
character shall receive the
support of the Government.
Section 13.
The State recognizes the vital
role of the youth in
nation-building and shall
promote and protect their
physical, moral, spiritual,
intellectual, and social
well-being. It shall inculcate
in the youth patriotism and
nationalism, and encourage
their involvement in public
and civic affairs.
Section 14.
The State recognizes the
role of women in
nation-building, and shall
ensure the fundamental
equality before the law of
women and men.
Section 15.
The State shall protect
and promote the right to
health of the people and
instill health
consciousness among them.
Section 16.
The State shall protect
and advance the right of
the people to a balanced
and healthful ecology in
accord with the rhythm
and harmony of nature.
Section 17.
The State shall give
priority to education,
science and
technology, arts,
culture, and sports to
foster patriotism and
nationalism,
accelerate social
progress, and promote
total human liberation
and development.
Section 18.
The State affirms
labor as a primary
social economic
force. It shall
protect the rights
of workers and
promote their
welfare.
Section 19.
The State shall
develop a
self-reliant and
independent
national economy
effectively
controlled by
Filipinos.
Section
20. The
State recognizes
the
indispensable
role of the
private sector,
encourages
private
enterprise, and
provides
incentives to
needed
investments.
Section 21.
The State
shall promote
comprehensive
rural
development
and agrarian
reform.
Section 22.
The State
recognizes
and promotes
the rights
of
indigenous
cultural
communities
within the
framework of
national
unity and
development.
Section 23.
The State
shall
encourage
non-governmental,
community-based,
or
sectoral
organizations
that
promote
the
welfare of
the
nation.
Section
24.
The
State
recognizes
the
vital
role of
communication
and
information
in
nation-building.
Section
25.
The
State
shall
ensure
the
autonomy
of
local
governments.
Section
26.
The
State
shall
guarantee
equal
access
to
opportunities
for
public
service,
and
prohibit
political
dynasties
as
may
be
defined
by
law.
Section
27.
The
State
shall
maintain
honesty
and
integrity
in
the
public
service
and
take
positive
and
effective
measures
against
graft
and
corruption.
Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.
ARTICLE III
BILL OF RIGHTS
Section 1.
No person shall be deprived of life, liberty, or
property without due process of law, nor shall any
person be denied the equal protection of the laws.
Section 2.
The right of the people to be secure in their persons,
houses, papers, and effects against unreasonable
searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant or
warrant of arrest shall issue except upon probable cause
to be determined personally by the judge after
examination under oath or affirmation of the complainant
and the witnesses he may produce, and particularly
describing the place to be searched and the persons or
things to be seized.
Section 3.
(1) The privacy of communication and correspondence
shall be inviolable except upon lawful order of the
court, or when public safety or order requires otherwise
as prescribed by law.
(2) Any evidence obtained
in violation of this or the preceding section shall be
inadmissible for any purpose in any proceeding.
Section 4.
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.
Section 5.
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 6.
The liberty of abode and of changing the same within the
limits prescribed by law shall not be impaired except
upon lawful order of the court. Neither shall the right
to travel be impaired except in the interest of national
security, public safety, or public health, as may be
provided by law.
Section 7.
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, as well as to
government research data used as basis for policy
development, shall be afforded the citizen, subject to
such limitations as may be provided by law.
Section 8.
The right of the people, including those employed in the
public and private sectors, to form unions,
associations, or societies for purposes not contrary to
law shall not be abridged.
Section 9.
Private property shall not be taken for public use
without just compensation.
Section 10.
No law impairing the obligation of contracts shall be
passed.
Section 11.
Free access to the courts and quasi-judicial bodies and
adequate legal assistance shall not be denied to any
person by reason of poverty.
Section 12.
(1) Any person under investigation for the commission of
an offense shall have the right to be informed of his
right to remain silent and to have competent and
independent counsel preferably of his own choice. If the
person cannot afford the services of counsel, he must be
provided with one. These rights cannot be waived except
in writing and in the presence of counsel.
(2) No torture, force,
violence, threat, intimidation, or any other means which
violate the free will shall be used against him. Secret
detention places, solitary, incommunicado, or
other similar forms of detention are prohibited.
(3) Any confession or
admission obtained in violation of this or Section 17
hereof shall be inadmissible in evidence against him.
(4) The law shall provide
for penal and civil sanctions for violations of this
section as well as compensation to the rehabilitation of
victims of torture or similar practices, and their
families.
Section 13.
All persons, except those charged with offenses
punishable by reclusion perpetua when evidence
of guilt is strong, shall, before conviction, be
bailable by sufficient sureties, or be released on
recognizance as may be provided by law. The right to
bail shall not be impaired even when the privilege of
the writ of habeas corpus is suspended.
Excessive bail shall not be required.
Section 14.
(1) No person shall be held to answer for a criminal
offense without due process of law.
(2) 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 unjustifiable.
Section 15.
The privilege of the writ of habeas corpus
shall not be suspended except in cases of invasion or
rebellion when the public safety requires it.
Section 16.
All persons shall have the right to a speedy disposition
of their cases before all judicial, quasi-judicial, or
administrative bodies.
Section 17.
No person shall be compelled to be a witness against
himself.
Section 18.
(1) No person shall be detained solely by reason of his
political beliefs and aspirations.
(2) No involuntary
servitude in any form shall exist except as a punishment
for a crime whereof the party shall have been duly
convicted.
Section 19.
(1) Excessive fines shall not be imposed, nor cruel,
degrading or inhuman punishment inflicted. Neither shall
death penalty
be imposed, unless, for compelling reasons involving
heinous crimes, the Congress hereafter provides for it.
Any death penalty already imposed shall be reduced to
reclusion perpetua.
(2) The employment of
physical, psychological, or degrading punishment against
any prisoner or detainee or the use of substandard or
inadequate penal facilities under subhuman conditions
shall be dealt with by law.
Section 20.
No person shall be imprisoned for debt or non-payment of
a poll tax.
Section 21.
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 22.
No ex post facto law or bill of attainder shall
be enacted.
ARTICLE IV
CITIZENSHIP
Section 1.
The following are citizens of the Philippines:
1. Those who are citizens
of the Philippines at the time of the adoption of this
Constitution;
2. Those whose fathers 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 2.
Natural-born citizens are those who are citizens of the
Philippines from birth without having to perform any act
to acquire or perfect their Philippine citizenship.
Those who elect Philippine citizenship in accordance
with paragraph (3), Section 1 hereof shall be deemed
natural-born citizens.
Section 3. Philippine citizenship may be lost
or
reacquired
in the manner provided by law.
Section 4.
Citizens of the Philippines who marry aliens shall
retain their citizenship, unless by their act or
omission they are deemed, under the law, to have
renounced it.
Section 5.
Dual allegiance of citizens is inimical to the national
interest and shall be dealt with by law.
ARTICLE V
SUFFRAGE
Section 1.
Suffrage may be exercised by all citizens of the
Philippines not otherwise disqualified by law, who are
at least eighteen years of age, 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 immediately preceding the election. No literacy,
property, or other substantive requirement shall be
imposed on the exercise of suffrage.
Section 2.
The Congress shall provide a system for securing the
secrecy and sanctity of the ballot as well as a system
for
absentee voting
by qualified Filipinos abroad.
The Congress shall also
design a procedure for the disabled and the illiterates
to vote without the assistance of other persons. Until
then, they shall be allowed to vote under existing laws
and such rules as the Commission on Elections may
promulgate to protect the secrecy of the ballot.
ARTICLE VI
THE LEGISLATIVE DEPARTMENT
Section 1.
The legislative power shall be vested in the Congress of
the Philippines which shall consist of a Senate and a
House of Representatives, except to the extent reserved
to the people by the provision on initiative and
referendum.
Section 2.
The Senate shall be composed of twenty-four Senators who
shall be elected at large by the qualfied voters of the
Philippines, as may be provided by law.
Section 3.
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.
Section 4.
The term of office of the Senators shall be six years
and shall commence, unless otherwise provided by law, at
noon on the thirtieth day of June next following their
election. No Senator shall serve for more than two
consecutive terms. Voluntary renunciation of the office
for any length of time shall not be considered as an
interruption in the continuity of his service for the
full term of which he was elected.
Section 5.
(1) The House of Representatives shall be composed of
not more than two hundred and fifty members, unless
otherwise fixed by law, who shall be elected from
legislative districts apportioned among the provinces,
cities, and the Metropolitan Manila area in accordance
with the number of their respective inhabitants, and on
the basis of a uniform and progressive ratio, and those
who, as provided by law, shall be elected through a
party-list system of registered national, regional, and
sectoral parties or organizations.
(2) The party-list
representatives shall constitute twenty per centum of
the total number of representatives including those
under the party list. For three consecutive terms after
the ratification of this Constitution, one-half of the
seats allocated to party-list representatives shall be
filled, as provided by law, by selection or election
from the labor, peasant, urban poor, indigenous cultural
communities, women, youth, and such other sectors as may
be provided by law, except the religious sector.
(3) Each legislative
district shall comprise, as far as practicable,
continguous, compact, and adjacent territory. Each city
with a population of at least two hundred fifty
thousand, or each province, shall have at least one
representative.
(4) Within three years
following the return of every census, the Congress shall
make a reapportionment of legislative districts based on
the standards provided in this section.
Section 6.
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.
Section 7.
The Members of the House of Representatives shall be
elected for a term of three years which shall begin,
unless otherwise provided by law, at noon on the
thirtieth day of June next following their election. No
Member of the House of Representatives shall serve for
more than three consecutive terms. Voluntary
renunciation of the office for any length of time shall
not be considered as an interruption in the continuity
of his service for the full term for which he was
elected.
Section 8.
Unless otherwise provided by law, the regular election
of the Senators and the Members of the House of
Representatives shall be held on the second Monday of
May.
Section 9.
In case of vacancy in the Senate or in the House of
Representatives, a special election may be called to
fill such vacancy in the manner prescribed by law, but
the Senator or Member of the House of Representatives
thus elected shall serve only for the unexpired term.
Section 10.
The salaries of Senators and Members of the House of
Representatives shall be determined by law. No increase
in said compensation shall take effect until after the
expiration of the full term of all the Members of the
Senate and the House of Representatives approving such
increase.
Section 11.
A Senator or Member of the House of Representatives
shall, in all offenses punishable by not more than six
years imprisonment, be privileged from arrest while the
Congress is in session. No Member shall be questioned
nor be held liable in any other place for any speech or
debate in the Congress or in any committee thereof.
Section 12.
All Members of the Senate and the House of
Representatives shall, upon assumption of office, make a
full disclosure of their financial and business
interests. They shall notify the House concerned of a
potential conflict of interest that may arise from the
filing of a proposed legislation of which they are
authors.
Section 13.
No Senator or Member of the House of Representatives may
hold any other office or employment in the Government,
or any subdivision, agency, or instrumentality thereof,
including government-owned or controlled corporations or
their subsidiaries, during his term without forfeiting
his seat. Neither shall he be appointed to any office
which may have been created or the emoluments thereof
increased during the term for which he was elected.
Section 14.
No Senator or Member of the House of Representatives may
personally appear as counsel before any court of justice
or before the Electoral Tribunals, or quasi-judicial and
other administrative bodies. 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, or its subsidiary, during his
term of office. He shall not intervene in any matter
before any office of the Government for his pecuniary
benefit or where he may be called upon to act on account
of his office.
Section 15.
The Congress 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 for such number of days as it may determine
until thirty days before the opening of its next regular
session, exclusive of Saturdays, Sundays, and legal
holidays. The President may call a special session at
any time.
Section 16.
(1). The Senate shall elect its President and the House
of Representatives its Speaker, by a majority vote of
all its respective Members. Each House shall choose such
other officers as it may deem necessary.
(2) A majority of each
House 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 such House may provide.
(3) Each House may
determine the rules of its proceedings,
punish
its Members for disorderly behavior, and, with the
concurrence of two-thirds of all its Members, suspend or
expel a Member. A penalty of suspension, when imposed,
shall not exceed sixty days.
(4) Each House 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. Each
House shall also keep a Record of its proceedings.
(5) Neither House during
the sessions of the Congress shall, without the consent
of the other, adjourn for more than three days, nor to
any other place than that in which the two Houses shall
be sitting.
Section 17.
The Senate and the House of Representatives shall each
have an Electoral Tribunal which shall be the sole judge
of all contests relating to the election, returns, and
qualifications of their respective Members. Each
Electoral Tribunal shall be composed of nine Members,
three of whom shall be Justices of the Supreme Court to
be designated by the Chief Justice, and the remaining
six shall be Members of the Senate or the House of
Representatives, as the case maybe, who shall be chosen
on the basis of proportional representation from the
political parties and the parties or organizations
registered under the party-list system represented
therein. The senior Justice in the Electoral Tribunal
shall be its Chairman.
Section 18.
There shall be a Commission on Appointments consisting
of the President of the Senate, as ex officio
Chairman, twelve Senators, and twelve Members of the
House of Representatives, elected by each House on the
basis of proportional representation from the political
parties and parties or organizations registered under
the party-list system represented therein. The chairman
of the Commission shall not vote, except in case of a
tie. The Commission shall act on all appointments
submitted to it within thirty session days of the
Congress from their submission. The Commission shall
rule by a majority vote of all the Members.
Section 19.
The Electoral Tribunals and the Commission on
Appointments shall be constituted within thirty days
after the Senate and the House of Representatives shall
have been organized with the election of the President
and the Speaker. The Commission on Appointments shall
meet only while the Congress is in session, at the call
of its Chairman or a majority of all its Members, to
discharge such powers and functions as are herein
conferred upon it.
Section 20.
The records and books of accounts of the Congress shall
be preserved and be open to the public in accordance
with law, and such books shall be audited by the
Commission on Audit which shall publish annually an
itemized list of amounts paid to and expenses incurred
for each Member.
Section 21. The Senate or the House of
Representatives or any of its respective committees may
conduct
inquiries in aid of legislation
in accordance with its duly published rules of
procedure. The rights of persons appearing in or
affected by such inquiries shall be respected.
Section 22.
The heads of departments may upon their own initiative,
with the consent of the President, or upon the request
of either House, as the rules of each House shall
provide, appear before and be heard by such House on any
matter pertaining to their departments. Written
questions shall be submitted to the President of the
Senate or the Speaker of the House of Representatives at
least three days before their scheduled appearance.
Interpellations shall not be limited to written
questions, but may cover matters related thereto. When
the security of the State or the public interest so
requires and the President so states in writing, the
appearance shall be conducted in executive session.
Section 23.
(1) The Congress, by a vote of two-thirds of both Houses
in joint session assembled, voting separately, shall
have the sole power to declare the existence of a state
of war.
(2) In times of war or
other national emergency, the Congress may, by law,
authorize the President, for a limited period and
subject to such restrictions as it may prescribe, to
exercise powers necessary and proper to carry out a
declared national policy. Unless sooner withdrawn by
resolution of the Congress, such powers shall cease upon
the next adjournment thereof.
Section 24.
All appropriation, revenue or tariff bills, bills
authorizing increase of the public debt, bills of local
application, and private bills hall originate
exclusively in the House of Representatives, but the
Senate may propose or concur with amendments.
Section 25.
(1) The Congress may not increase the appropriations
recommended by the President for the operation of the
Government as specified in the budget. The form,
content, and manner of preparation of the budget shall
be prescribed by law.
(2) No provision or
enactment shall be embraced in the general
appropriations bill unless it relates specifically to
some particular appropriation therein. Any such
provision or enactment shall be limited in its operation
to the appropriation to which it relates.
(3) The procedure in
approving appropriations for the Congress shall strictly
follow the procedure for approving appropriations for
other departments and agencies.
(4) A special
appropriations bill shall specify the purpose for which
it is intended, and shall be supported by funds actually
available as certified by the National Treasurer, or to
be raised by a corresponding revenue proposal therein.
(5) No law shall be
passed authorizing any transfer of appropriations;
however, the President, the President of the Senate, the
Speaker of the House of Representatives, 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 savings in other items of
their respective appropriations.
(6) Discretionary funds
appropriated for particular officials shall be disbursed
only for public purposes to be supported by appropriate
vouchers and subject to such guidelines as may be
prescribed by law.
(7) If, by the end of any
fiscal year, the Congress 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 reenacted and shall remain in force
and effect until the general appropriations bill is
passed by the Congress.
Section 26.
(1) Every bill passed by the Congress shall embrace only
one subject which shall be expressed in the title
thereof.
(2) No bill passed by
either House shall become a law unless it has passed
three readings on separate days, and printed copies
thereof in its final form have been distributed to its
Members three days before its passage, except when the
President certifies to the necessity of its immediate
enactment to meet a public calamity or emergency. Upon
the last reading of a bill, no amendment thereto shall
be allowed, and the vote thereon shall be taken
immediately thereafter, and the yeas and
nays entered in the Journal.
Section 27.
(1) Every bill passed by the Congress shall, before it
becomes a law, be presented to the President. If he
approves the same he shall sign it; otherwise, he shall
veto it and return the same with his objections to the
House where it originated, which shall enter the
objections at large in its Journal and proceed to
reconsider it. If, after such reconsideration,
two-thirds of all the Members of such House shall agree
to pass the bill, it shall be sent, together with the
objections, to the other House by which it shall
likewise be reconsidered, and if approved by two-thirds
of all the Members of that House, it shall become a law.
In all such cases, the votes of each House shall be
determined by yeas or nays, and the
names of the Members voting for or against shall be
entered in its Journal. The President shall communicate
his veto of any bill to the House where it originated
within thirty days after the date of receipt thereof,
otherwise, it shall become a law as if he had signed it.
(2) The President shall
have the power to veto any particular item or items in
an appropriation, revenue, or tariff bill, but the veto
shall not affect the item or items to which he does not
object.
Section 28.
(1) The rule of taxation shall be uniform and equitable.
The Congress shall evolve a progressive system of
taxation.
(2) The Congress may, by
law, authorize the President to fix within specified
limits, and subject to such limitations and restrictions
as it may impose, tariff rates, import and export
quotas, tonnage and wharfage dues, and other duties or
imposts within the framework of the national development
program of the Government.
(3) Charitable
institutions, churches and parsonages or convents
appurtenant thereto, mosques, non- profit cemeteries,
and all lands, buildings, and improvements, actually,
directly, and exclusively used for religious,
charitable, or educational purposes shall be exempt from
taxation.
(4) No law granting any
tax exemption shall be passed without the concurrence of
a majority of all the Members of the Congress.
Section 29.
(1) No money shall be paid out of the Treasury except in
pursuance of an appropriation made by law.
(2) No public money or
property shall be appropriated, applied, paid, or
employed, directly or indirectly, for the use, benefit,
or support of any sect, church, denomination, sectarian
institution, or system of religion, or of any priest,
preacher, minister, other religious teacher, or
dignitary as such, except when such priest, preacher,
minister, or dignitary is assigned to the armed forces,
or to any penal institution, or government orphanage or
leprosarium.
(3) All money collected
on any tax levied for a special purpose shall be treated
as a special fund and paid out for such purpose only. If
the purpose for which a special fund was created has
been fulfilled or abandoned, the balance, if any, shall
be transferred to the general funds of the Government.
Section 30. No law shall
be passed increasing the appellate jurisdiction of the
Supreme Court as provided in this Constitution without
its advice and concurrence.
Section 31.
No law granting a title of royalty or nobility shall be
enacted.
Section 32. The Congress shall, as early as
possible,
provide
for a system of initiative and referendum, and the
exceptions therefrom, whereby the people can directly
propose and enact laws or approve or reject any act or
law or part thereof passed by the Congress or local
legislative body after the registration of a petition
therefor signed by at least ten per centum of the total
number of registered voters, of which every legislative
district must be represented by at least three per
centum of the registered voters thereof.
ARTICLE VII
EXECUTIVE DEPARTMENT
Section 1.
The executive power shall be vested in the President of
the Philippines.
Section 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, and a resident of the
Philippines for at least ten years immediately preceding
such election.
Section 3.
There shall be a Vice-President who shall have the same
qualifications and term of office and be elected with
and in the same manner as the President. He may be
removed from office in the same manner as the President.
The Vice-President may be
appointed as a Member of the Cabinet. Such appointment
requires no confirmation.
Section 4.
The President and the Vice-President shall be elected by
direct vote of the people for a term of six years which
shall begin at noon on the thirtieth day of June next
following the day of the election and shall end at noon
of the same date six years thereafter. The President
shall not be eligible for any reelection. No person who
has succeeded as President and has served as such for
more than four years shall be qualified for election to
the same office at any time.
No Vice-President shall
serve for more than two successive terms. Voluntary
renunciation of the office for any length of time shall
not be considered as an interruption in the continuity
of the service for the full term for which he was
elected.
Unless otherwise provided
by law, the regular election for President and
Vice-President shall be held on the second Monday of
May.
The returns of every
election for President and Vice-President, duly
certified by the board of canvassers of each province or
city, shall be transmitted to the Congress, directed to
the President of the Senate. Upon receipt of the
certificates of canvass, the President of the Senate
shall, not later than thirty days after the day of the
election, open all the certificates in the presence of
the Senate and the House of Representatives in joint
public session, and the Congress, upon determination of
the authenticity and due execution thereof in the manner
provided by law, canvass the votes.
The person having the
highest number of votes shall be proclaimed elected, but
in case two or more shall have an equal and highest
number of votes, one of them shall forthwith be chosen
by the vote of a majority of all the Members of both
Houses of the Congress, voting separately.
The Congress shall
promulgate its rules for the canvassing of the
certificates.
The Supreme Court,
sitting en banc, shall be the sole judge of all contests
relating to the election, returns, and qualifications of
the President or Vice-President, and may promulgate its
rules for the purpose.
Section 5.
Before they enter on the execution of their office, the
President, the Vice-President, or the Acting President
shall take the following oath or affirmation:
I do solemnly swear
(or affirm) that I will faithfully and conscientiously
fulfill my duties as President (or Vice-President or
Acting President) 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,
last sentence will be omitted.)
Section 6.
The President shall have an official residence. The
salaries of the President and Vice-President shall be
determined by law and shall not be decreased during
their tenure. No increase in said compensation shall
take effect until after the expiration of the term of
the incumbent during which such increase was approved.
They shall not receive during their tenure any other
emolument from the Government or any other source.
Section 7. The President-elect and the
Vice-President-elect shall assume office at the
beginning of their terms.
If the President-elect
fails to qualify, the Vice-President-elect shall act as
President until the President-elect shall have
qualified.
If a President shall not
have been chosen, the Vice-President-elect shall act as
President until a President shall have been chosen and
qualified.
If at the beginning of
the term of the President, the President-elect shall
have died or shall have become permanently disabled, the
Vice-President-elect shall become President.