Constitutions of The Philippines

1 HISTORY OF THE PHILIPPINE
1897
BIAC-NA-BATO
CONSTITUTION
[Decree No. 29]

November 1, 1897
In Biac-na-bato on the first day of the month of

November of the year one thousand eight hundred
and ninety-seven, the Representatives of the people
of the Philippine Islands, assembled for the
purpose of modifying the Constitution of this
Republic of the Philippines, drawn up and
proclaimed in the town of Naic, Province of
Cavite, on the twenty-second of March of this year,
in accordance with the provisions of Decree No.
29 of current year after a long discussion, [the
Representatives] have unanimously agreed upon
the following:
Constitution or the Fundamental Law of the

Republic of the Philippines
The separation of the Philippines from the Spanish

monarchy and their formation into an independent
state with its own government called the Philippine
Republic has been the end sought by the

Revolution in the existing war, begun on the 24th
of August, 1896; and therefore, in its name and by
the power delegated by the Filipino people,
interpreting faithfully their desires and ambitions,
we, the representatives of the Revolution, in a
meeting at Biac-na-bato, Nov. 1st. 1897,
unanimously adopt the following articles for the
Constitution of the State:
ARTICLE 1. The supreme government of the

Republic shall be vested in a Supreme Council,
composed of a President, a Vice-President and four
Secretaries, for the conduct of our Foreign
Relations, of War, of the Interior, and of the
Treasury.
ARTICLE 2. The powers of the Supreme Council

of the government shall be:
1st. To adopt measures for maintaining and

developing its existence, issuing such orders as it
believes adequate for the preservation and security
of the civil and political life of the nation.
2nd. To impose and collect taxes, to issue foreign

and domestic loans, when necessary, and to issue
paper money, to coin money and to appropriate the
funds collected to the purposes required by the
several branches of the State.
3rd. To authorize privateering and issue letters of

marque and reprisal, to raise and organize troops
and to maintain them, to ratify treaties, and to make
a treaty of peace with Spain , with the ratification
of the Assembly of Representatives.
4th. To try as a judicial body, should they think

necessary, the President or any of the members of
the Council, who should be accused of crimes,
cognizance of which appertains to the Judicial
Power.
5th. To have the right of supervision and supreme

direction of military operations, when they believe
it to be necessary for the consummation of high
political ends. To approve, reform or modify the
Regulations and orders for the Army, prepared by
the Captain-General of the Army; to confer grades
and promotions, from that of first lieuten[a]nt and
to confer honors and rewards granted for services
in war, at the recommendation of the said Captain-
General of the Army.
6th. To select and nominate a Captain-General and

a Lieutenant General.
7th. To convene the Assembly of Representatives

when necessary, in accordance with the provisions
of the Constitution.
ARTICLE 3. The Vice-President shall fill ad

interim the office of President in case of vacancy.
ARTICLE 4 For each Secretary there shall be a

Sub-Secretary, who shall aid in the dispatch of
business and shall in case a vacancy-occurs fill ad
interim the place of such Secretary. He shall have
while so acting a vote in the Council of
Government.
ARTICLE 5. The President. Vice-President,

Secretary, and Sub-Secretary can hold no other
office in the Republic.
ARTICLE 6. The President, Vice-President,

Secretary and Sub-Secretary shall be more than
twenty-three years of age.
ARTICLE 7. The basis of every election and

appointment to any office in the Republic shall be
aptitude for the discharge of the office conferred.
ARTICLE 8. Tagalog shall be the official language

of the Republic.
ARTICLE 9. The decisions of the Council of

Government shall be determined by a majority
vote, and all the members of the same shall take
part in its deliberations.
ARTICLE 10. The executive power shall be vested

in the President, or in his absence in the Vice-
President, and shall have these powers: To approve
and promulgate the acts of the Supreme Council of
the Government; To provide for their execution
within the period of nine days: To issue decrees,
rules or instructions for their execution: To receive
ambassadors and to execute treaties.
ARTICLE 11. In case of definite vacancies, in the

office of President, Vice-President, and Secretaries,
by death, resignation or other legal causes, the
Assembly of Representatives shall meet for the
election of others to fill the vacant offices.
ARTICLE 12. Each Secretary shall have a vote in

the passage of all resolutions and measures of
whatever kind, and shall be able to take part in the
deliberations thereon.
ARTICLE 13. The Secretaries shall have the right

to choose and nominate their own assistants and
other officials of their respective departments.
ARTICLE 14. The Secretary of Foreign Affairs

shall have charge of: All correspondence with
foreign nations regarding treaties and agreements
of all kinds; appointment of Representatives to said
nations, issuing instructions for and authorizing the
expenses of such officials, as by act of the Council
of Government reside in foreign parts, and

preparation of passports for foreign lands.
ARTICLE 15. The Secretary of the Interior shall be

charged with: Collection of all statistics concerning
the Republic; opening of roads and bridges; the
advancement of agriculture, industry, commerce,
art, professions and manufactures, public
instruction and posts, depots of cattle and horses
for the use of the Revolution: establishment of
police for the protection or security of public order,
and for the preservation of the liberties and
individual rights established by this Constitution,
and the custody of the property of the State.
ARTICLE 16. The Secretary of War is in charge of

all military correspondence; of the increase and
decrease, of the organization and instruction of the
army; is head of the staff, is in charge of enlistment
and of providing clothing, hospitals, rations and
ordnance.
ARTICLE 17. The Secretary of the Treasury shall

have under his charge all receipts and payments of
the Treasury, making collections and payments in
accordance with the regulations and decrees issued
by the Council of Government; coining of money
and issuance of paper money; the public debt;
administration of the property of the State, and the
further duties pertaining to the Treasury
Department.
ARTICLE 18. The Secretaries shall have charge of

the drafting of all laws, correspondence,
regulations and decrees appertaining to their
respective offices.
ARTICLE 19. The Captain-General of the Army

shall have command of all the armed troops in the
towns, forts or detachments; the direction of the
operations of war, except in the case reserved for
the Council of Government, as set forth in Article
2, No. 5, and shall give such orders as he deems
necessary for the discipline and safety of the
troops.
ARTICLE 20. The Lieutenant-General shall serve

as Captain-General of the Army, ad interim, in case
of vacancy.
ARTICLE 21. Each province of the Philippines

may have a representative delegate elected by
universal suffrage , who shall represent it in the
Assembly.
ARTICLE 22. Religious liberty, the right of

association, the freedom of education , the freedom
of the press , as well as freedom in the exercise of
all classes of professions, arts, trades and industries
are established.
ARTICLE 23. Every Filipino shall have the right to

direct petitions or present remonstrances of any
import whatsoever, in person or through his

representative, to the Council of Government of the
Republic.
ARTICLE 24. No person, whatever may be his

nationality, shall be imprisoned or held except by
virtue of an order issued by a competent court,
provided that this shall not apply to crimes which
concern the Revolution, the government or the
Army.
ARTICLE 25. Neither can any individual be

deprived of his property or his domicile, except by
virtue of judgment passed by a court of competent
authority.
ARTICLE 26. Every Filipino is obliged to serve

the Revolution with his services, and property to
the extent of his capacity.
ARTICLE 27. The debts and other obligations

contracted prior to the promulgation of this
Constitution by the Generals and other Chiefs of
the Revolutionary Army, as well as their notes and
orders, are hereby recognized and ratified to-day,
also all subsequent debts, certified to by the
government.
ARTICLE 28. The officials of the Council of

Government are entitled to the consideration and
respect due to their rank, and if they be constant in
them they shall be entitled to pensions according to

regulations to be published on the subject.
ARTICLE 29. The Council of Government has the

power to remove any official from office if there be
sufficient reason for it. Formal charges will be laid
for the action of a court to be called the “Sworn
Tribunal.”
ARTICLE 30. The Supreme Council of Grace and

Justice to be established by the Supreme Council of
Government, shall have authority to make
decisions and affirm or disprove the sentences
rendered by other courts, and to dictate rules for
the administration of justice.
ARTICLE 31. The Supreme Council of Grace and

Justice shall be independent in its functions and
shall not be interfered with by any power or
authority.
ARTICLE 32. Every official of the Republic shall

render assistance to the others in the discharge of
his duties.
ARTICLE 33. When the necessary Army is

organized, a navy shall be created for the
protection of the coasts of the Philippine
Archipelago and its seas; then a Secretary of the
Navy shall be appointed and the duties of his office
shall be added to this Constitution.
ARTICLE 34. This Constitution shall be in force

here in the Philippines for the period of two years
from the date of its promulgation, in case that the
Revolution shall not have terminated within that
time. Upon the expiration of said period, a session
of the Assembly of Representatives shall be called
for a new Constitution and the election of a new
Council of Government and Representatives of the
people.
As it has been thus decreed by the Representatives

of the Filipino people, and in the name of the
Republic ordered by the Assembly thus constituted,
—We, the undersigned, pledge with our word and
honor fulfillment of what is set forth in this
Constitution at Biac-na-bato. November 15, 1897.
President, Emilio Aguinaldo . Severino de las

Alas . Pascual Alvarez. Mariano Llanera. Mamerto
Natividad. Isabelo Artacho. Vicente Lucban y
Rilles. Melecio Carlos. Simeon Tecson. Mariano
Noriel. Baldomero Aguinaldo . Salvador Estrella.
Pantaleon Garcia. Escolastico Viela. Julian de la
Cruz. Ciriaco Sartore. Jose Ignacio Paua . Agustin
de la Rosa. Celestino Aragon. Gregorio H. del Pilar
. Andres Presbitero. Benito Natividad. Pedro
Dungon. Eduardo Llanera. Herminio Miguel.
Deodato Manajan. Pedro Gualdes (?). Ambrosio de
la Cruz. Matias San Bno. Miguel Catahan.
Clemente Valencia. Modesto Porciuncula. Claro
Fuelo (?). Emiliano Tecson. Benvenuto Ramirez.
Francisco M. Soliman. Maximo Cabigting. Ramon

Tombo. Artemio Ricarte Vibora . Sinforoso de la
Cruz. Agapito Bonson. Valentin Diaz. Tomas
Aquino Linares (?). Cipriano Pacheco. Manuel
Tinio . Anastacio Francisco. Serviliano Aquino.
Wenceslao Viniegra. Doroteo Lopez. Vito
Belarmino , Secretary. Antonio Montenegro,
Secretary. Teodoro Gonzalez, Secretary.
--- oOo ---

1899
CONSTITUTION
OF THE
REPUBLIC OF THE
PHILIPPINES
(MALOLOS CONVENTION)
The President of the Council,

Apolinario Mabini.
PREAMBLE
We, the Representatives of the Filipino people,

lawfully covened, in order to establish justice,
provide for common defense, promote the general
welfare, and insure the benefits of liberty,
imploring the aid of the Sovereign Legislator of the
Universe for the attainment of these ends, have

voted, decreed, and sanctioned the following:
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
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 witnesses resident of the same place. However,
when a criminal caught in fraganti 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. Exept 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 dstured 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

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.

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
two-thirds 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.

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
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 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
Ambrosio
Aguedo Alberto
Rianzares
Velarde Barretto
Bautista
Antonio Antonio Arcadio del
Luna Feliciano Rosario
Ariston Ariston Arsenio
Bautista Gella Cruz-Herrera
Basilio Benito Ceferino de
Teodoro Legarda Leon
Domingo Esteban de Felipe
Samson la Rama Buencamino
Felipe Felix Felix Ferrer
Calderon Bautista Pascual
Fernando Graciano Gregorio
Cañon Cordero Aguilera
Gregorio Higinio Hipolito
Aglipay Benitez Magsalin
Hugo Ignacio
Isidro Torres
Ilagan Villamor
Isidro Javier Joaquin
Gonzales
Paredes Gonzales
Salvador
Joaquin Jose
Jose Basa
Luna Salamanca
Jose R. Jose F.
Jose Tuason
Infante Oliveros
Jose Jose M. de Jose M.
Santiago la Vina Lerma
Jose Jose
Jose Albert
Coronel Alejandrino
Jose Juan
Jose Luna
Fernandez Nepomuceno
Juan Juan
Justo Lucban
Manday Tuason
Leon Leon Lorenzo del
Apacible Guerrero Rosario
Lucas Manuel Manuel
Gonzales Xerex Gomez
Maninang Burgos Martinez
Marciano
Manuel Mariano
V. del
Calleja Abella
Rosario
Mariano Mariano Martin
Lopez Crisostomo Garcia
Mateo
Mateo del Melecio
Gutierrez
Rosario Figueroa
Ubaldo
Mena Miguel Narciso
Crisologo Zaragoza Hidalgo
Resurreccion
Pablo
Pablo Patricio
Tecson
Ocampo Bailon
Roque
Pedro A. Perfecto
Pio del Pilar
Paterno Gabriel
Raymundo Ricardo Salvador V.
Alindada Paras del Rosario
Santiago Santiago Sebastian de
Barcelona Icasiano Castro
Simplicio Sofio
Sotero Laurel
del Rosario Alandi
Telesforo Teodoro Teodoro
Chuidian Sandico Gonzales
Trinidad H.
Tomas Tomas G.
Pardo de
Arejola del Rosario
Tavera
Vicente
Vicente Vicente
Guzman
Foz Somoza
Pagulayan
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.
(SGD.) EMILIO AGUINALDO
--- oOo ---

THE
PHILIPPINE
ORGANIC ACT
OF 1902
AN ACT TEMPORARILY TO PROVIDE FOR
THE ADMINISTRATION OF THE AFFAIRS
OF CIVIL GOVERNMENT IN THE
PHILIPPINE ISLANDS, AND FOR OTHER
PURPOSES
57th Congress of the United States of America,

First Session, 1902
Be it enacted by the Senate and House of

Representatives of the United States of America in
Congress assembled, That the action of the
President of the United States in creating the
Philippine Commission and authorizing said
Commission to exercise the powers of government
to the extent and in the manner and form and
subject to the regulation and control set forth in
the instructions of the President to the Philippine
Commission, dated April seventh, nineteen
hundred, and in creating the offices of Civil
Governor and Vice-Governor of the Philippine
Islands, and authorizing said Civil Governor and
Vice-Governor to exercise the powers of
government to the extent and in the manner and
form set forth in the Executive order dated June

twenty-first, nineteen hundred and one, and is
establishing four Executive Departments of
government in said Islands as set forth in the Act
of the Philippine Commission entitled “An Act
providing an organisation for the Departments of
the Interior, of Commerce and Police, of Finance
and Justice, and of Public Instruction,” enacted
September sixth, nineteen hundred and one, is
hereby approved, ratified, and confirmed, and until
otherwise provided by law the said Islands shall
continue to be governed as thereby and herein
provided, and all laws passed hereafter by the
Philippine Commission shall have an enacting
clause as follows. “By authority of the United
States, be it enacted by the Philippine
Commission.” The provisions of section eighteen
hundred and ninety-one of the Revised Statutes of
eighteen hundred and seventy eight shall not apply
to the Philippine Islands.
Future appointments of Civil Governor, Vice-

Governor, members of said Commission and heads
of Executive Departments shall be made by the
President, by and with the advice and consent of
the Senate.
SECTION 2. That the action of the President of the

United States heretofore taken by virtue of the
authority vested in him as Commander in Chief of
the Army and Navy, as set forth in his order of July

twelfth, eighteen hundred and ninety-eight,
whereby a land of duties and taxes as set forth by
said order was to be levied and collected at all
ports and places in the Philippine Islands upon
passing into the occupation and possession of the
forces of the United States, together with the
subsequent amendments of said order, are hereby
approved, ratified, and confirmed, and the actions
of the authorities of the Government of the
Philippine Islands taken in accordance with the
provisions of said order and subsequent
amendments, are hereby approved: Provided, that
nothing contained in this section shall be held to
amend or repeal an Act entitled “An Act
temporarily to provide revenue for the Philippine
Islands, and for other purposes,” approved March
eighth, nineteen hundred and two.
SECTION 3. That the President of the United

States, during such time as and whenever the
sovereignty and authority of the United States
encounter armed resistance in the Philippine
Islands, until otherwise provided by Congress,
shall continue to regulate and control commercial
intercourse with and within said Islands by such
general rules and regulations as he, in his
discretion, may deem more conducive to the public
interests and the general welfare.
SECTION 4. That all inhabitants of the Philippine

Islands continuing to reside therein who were
Spanish subjects on the eleventh day of April,
eighteen hundred and ninety-nine, and then resided
in the Philippine Islands, and their children born
subsequent thereto, shall be deemed and held to be
citizens of the Philippine Islands and as such
entitled to the protection of the United States,
except such as shall have elected to preserve their
allegiance to the Crown of Spain in accordance
with the provisions of the treaty of peace between
the United States and Spain signed at Paris
December tenth, eighteen hundred and ninety-
eight.
SECTION 5. That no law shall be enacted in

saidIslands which shall deprive any person of life,
liberty, or property without due process of law, or
deny to any person therein the equal protection of
the laws.
That in all criminal prosecutions the accused shall

enjoy the right to be heard by himself and counsel,
to demand the nature and cause of the accusation
against him, to have a speedy and public trial, to
meet the witnesses face to face, and to have
compulsory process to compel the attendance of
witnesses in his behalf.
That no person shall be held to answer for a

criminal offence without due process of law; and
no person for the same offence shall be twice put in
jeopardy of punishment, nor shall be compelled in
any criminal case to be a witness against himself.
That all persons shall before conviction be bailable

by sufficient sureties, except for capital offences.
That no law impairing the obligation of contracts

shall be enacted.
That no person shall be imprisoned for debt.
That the privilege of the writ of habeas corpus shall

not be suspended, unless when in cases of
rebellion, insurrection, or invasion the public safety
may require it, in either of which events the same
may be suspended by the President, or by the
Governor, with the approval of the Philippine
Commission, wherever during such period the
necessity for such suspension shall exist.
That no ex post facto law or bill of attainder shall

be enacted.
That no law granting a title of nobility shall be

enacted, and no person holding any office of profit
or trust in said Islands, shall without the consent of
the Congress of the United States, accept any
present, emolument, office, or title of any kind

whatever from any king, queen, prince, or foreign
State.
That excessive bail shall not be required, nor

excessive fines imposed, nor cruel and unusual
punishment inflicted.
That the right to be secure against unreasonable

searches and seizures shall not be violated.
That neither slavery, nor involuntary servitude,

except as a punishment for crime whereof the party
shall have been duly convicted, shall exist in
saidIslands.
That no law shall be passed abridging the freedom

of speech or of the press, or the right of the people
peaceably to assemble and petition the Government
for redress of grievances.
That no law shall be made respecting an

establishment of religion or prohibiting the free
exercise thereof, and that the free exercise and
enjoyment of religious profession and worship,
without discrimination or preference, shall forever
be allowed.
That no money shall be paid out of the Treasury

except in pursuance of an appropriation by law.
That the rule of taxation in saidIslandsshall be

uniform.
That no private or local bill which may be enacted

into law shall embrace more than one subject, and
that subject shall be expressed in the title of the
bill.
That no warrant shall issue but upon probable

cause, supported by oath or affirmation, and
particularly describing the place to be searched and
the person or things to be seized.
That all money collected on any tax levied or

assessed for a special purpose shall be treated as a
special fund in the Treasury and paid out for such
purpose only.
SECTION 6. That whenever the existing

insurrection in the Philippine Islands shall have
ceased and a condition of general and complete
peace shall have been established therein and the
fact shall be certified to the President by the
Philippine Commission, the President, upon being
satisfied thereof, shall order a census of the
Philippine Islands to be taken by said Philippine
Commission; such census in its inquiries relating to
the population shall take and make so far as
practicable full report for all the inhabitants, of
name, age, sex, race, or tribe, whether native or
foreign born, literacy in Spanish native dialect, or

language, or in English, school attendance,
ownership of homes, industrial and social statistics,
and such other information separately for each
island, each province, and municipality, or other
civil division, as the President and said
Commission may deem necessary: Provided, that
the President may, upon the request of said
Commission, in his discretion, employ the service
of the Census Bureau in compiling and
promulgating the statistical information above
provided for, and may commit to such Bureau any
part or portion of such labour as to him may seem
wise.
SECTION 7. of general and complete peace with

recognition of the authority of the United States
shall have continued in the territory of said Islands
not inhabited by Moros or other non-Christian
tribes and such facts shall have been certified to the
President by the Philippine Commission, the
President upon being satisfied thereof shall direct
Commission to call, and the Commission shall call,
a general election for the choice of delegates to a
popular assembly of the people of said territory in
the Philippine Islands, which shall be known as the
Philippine Assembly. After said Assembly shall
have convened and organised, all the legislative
power heretofore conferred on the Philippine
Commission in all that part of said Islands not
inhabited by Moros or other non-Christian tribes
shall be vested in a Legislature consisting of two

Houses – the Philippine Commission and the
Philippine Assembly. Said Assembly shall consist
of not less than fifty nor more than one hundred
members to be apportioned by said Commission
among the provinces as nearly as practicable
according to population:Provided, that no province
shall have less than one member: And provided
further, that provinces entitled by population to
more than one member may be divided into such
convenient district as the said Commission may
deem best.
Public notice of such division shall be given at

least ninety days prior to such election, and the
election shall be held under rules and regulations to
be prescribed by law. The qualification of electors
of such election shall be the same as is now
provided by law in case of electors in municipal
elections. The members of Assembly shall hold
office for two years from the first day of January
next following their election, and their successors
shall be chosen by the people every second year
thereafter. No person shall be eligible to such
election who is not a qualified elector of the
election district in which he may be chosen, owing
allegiance to the United States and twenty-five
years of age.
The Legislature shall hold annual sessions,

commencing on the first Monday of February in
each year and continuing not exceeding ninety days
thereafter (Sundays and holidays not included);
Provided, that the first meeting of the Legislature
shall be held upon the call of the Governor within
ninety days after the first election: And provided
further, that if at the termination of any session the
appropriations necessary for the support of
Government shall not have been made, an amount
equal to the sums appropriated in the last
appropriation bills for such purposes shall be
deemed to be appropriated; and until the
Legislature shall act in such behalf the Treasurer
may, with the advice of the Governor, make the
payments necessary for the purposes aforesaid.
The Legislature may be called in special session at

any time by the Civil Governor for general
legislation, or for action on such specific subjects
as he may designate. No special session shall
continue longer than thirty days, exclusive of
Sundays.
The Assembly shall be the judge of the elections,

returns, and qualifications of its members. A
majority shall constitute a quorum to do business,
but a smaller number may adjourn from day to day
and may be authorised to compel the attendance of
absent members. It shall choose its Speaker and
other officers, and the salaries of its members and

officers shall be fixed by law. It may determine the
rule of its proceedings, punish its members for
disorderly behaviour, and with the concurrence of
two-thirds expel a member. It shall keep a journal
of its proceedings, which shall be published, and
the yeas and nays of the members on any question
shall, on the demand of one-fifth of those present,
be entered on the journal.
SECTION 8. That at the same time with the first

meeting of the Philippine Legislature, and
biennially thereafter, there shall be chosen by said
Legislature, each House voting separately, two
resident Commissioners to the United States, who
shall be entitled to an official recognition as such
by all departments upon presentation to the
President of a certificate of election by the Civil
Governor of said Islands, and each of whom shall
be entitled to a salary payable monthly by the
United States at the rate of five thousand dollars
per annum, and two thousand dollars additional to
cover all expenses: Provided, that no person shall
be eligible to such election who is not a qualified
elector of said Islands, owing allegiance to the
United States, and who is not thirty years of age.
SECTION 9. That the Supreme Court and the

Courts of First Instance of the Philippine Islands
shall possess and exercise jurisdiction as heretofore
provided and such additional jurisdiction as shall

hereafter be prescribed by the Government of said
Islands, subject to the power of said Government to
change the practice and method of procedure. The
municipal courts of said Islands shall possess and
exercise jurisdiction as heretofore provided by the
Philippine Commission, subject in all matters to
such alteration and amendment as may be hereafter
enacted by law; and the Chief Justice and
Associate Justices of the Supreme Court shall
hereafter be appointed by the President, by and
with the advice and consent of the Senate, and shall
receive the compensation heretofore prescribed by
the Commission until otherwise provided by
Congress. The judges of the Court of First Instance
shall be appointed by the Civil Governor, by and
with the advice and consent of the Philippine
Commission: Provided, that the admiralty
jurisdiction of the Supreme Court and Courts of
First Instance shall not be changed except by Act
of Congress.
SECTION 10. That the Supreme Court of the

United States shall have jurisdiction to review,
revise, reverse, modify, or affirm the final
judgments and decrees of the Supreme Court of the
Philippine Islands in all actions, cases, causes, and
proceedings now pending therein or hereafter
determined thereby in which the Constitution or
any statute, treaty, title, right, or privilege of the
United States is involved, or in causes in which the
value in controversy exceeds twenty-five thousand

dollars, or in which the title or possession of real
estate exceeding in value the sum of twenty-five
thousand dollars, to be ascertained by the oath of
either party or of other competent witnesses, is
involved or brought in question; and such final
judgments or decrees may and can be reviewed,
revised, reversed, modified, or affirmed by said
Supreme Court of the United States on appeal or
writ of error by the party aggrieved, in the same
manner, under the same regulations, and by the
same procedure, as far as applicable, as the final
judgments and decrees of the Circuit Courts of the
United States.
SECTION 11. That the Government of the

Philippine Islands is hereby authorised to provide
for the needs of commerce by improving the
harbours and navigable waters of said Islands and
to construct and maintain in said navigable waters
and upon the shore adjacent thereto bonded
warehouses, wharves, piers, light-houses, signal
and life-saving stations, buoys, and like
instruments of commerce, and to adopt and enforce
regulations in regard thereto, including bonded
warehouses wherein articles not intended to be
imported into said Islands nor mingled with the
property therein, but brought into a port of said
Islands for reshipment to another country may be
deposited in bond and reshipped to another country
without the payment of customs duties or charges.
SECTION 12. That all the property and rights

which may have been acquired in the Philippine
Islands by the United States under the treaty of
peace with Spain, signed December tenth, eighteen
hundred and ninety-eight, except such land or other
property as shall be designated by the President of
the United States for military and other
reservations of the Government of the United
States, are hereby placed under the control of the
Government of said Islands, to be administered for
the benefit of the inhabitants thereof, except as
provided in this Act.

Philippine Islands, subject to the provisions of this
Act and except as herein provided, shall classify
according to its agricultural character and
productiveness, and shall immediately make rules
and regulations for the lease, sale, or other
disposition of the public lands other than timber or
mineral lands, but such rules and regulations shall
not go into effect or have the force of law until they
have received the approval of the President, and
when approved by the President they shall be
submitted by him to Congress at the beginning of
the next ensuing session thereof and unless
disapproved or amended by Congress at said
session they shall at the close of such period have
the force and effect of law in the Philippine
Islands: Provided, that a single homestead entry
shall not exceed sixteen hectares in extent.

Philippine Islands is hereby authorised and
empowered to enact rules and regulations and to
prescribe terms and conditions to enable persons to
perfect their title to public lands in said Islands,
who, prior to the transfer of sovereignty from Spain
to the United States, had fulfilled all or some of the
conditions required by the Spanish laws and royal
decrees of the Kingdom of Spain for the
acquisition of legal title thereto, yet failed to secure
conveyance of title; and the Philippine
Commission is authorised to issue patents, without
compensation, to any native of said Islands,
conveying title to any tract of land not more than
sixteen hectares in extent, which were public lands
and had been actually occupied by such native or
his ancestors prior to and on the thirteenth of
August, eighteen hundred and ninety-eight.

Philippine Islands is hereby authorised and
empowered, on such terms as it may prescribe, by
general legislation, to provide for the granting or
sale and conveyance to actual occupants and
settlers and other citizens of said Islands such parts
and portions of the public domain, other than
timber and mineral lands, of the United States in
said Islands as it may deem wise, not exceeding
sixteen hectares to any one person and for the sale
and conveyance of not more than one thousand and
twenty-four hectares to any corporation or
association of persons: Provided, that the grant or

sale of such lands, whether the purchase price be
paid at once or in partial payments, shall be
conditioned upon actual and continued occupancy,
improvement, and cultivation of the premises sold
for a period of not less than five years, during
which time the purchaser or grantee can not
alienate or encumber said land or the title thereto;
but such restriction shall not apply to transfers of
rights and title of inheritance under the laws for the
distribution of the estates of decedents.
SECTION 16. That in granting or selling any part

of the public domain under the provisions of the
last preceding section, preference in all cases shall
be given to actual occupants and settlers; and such
public lands of the United States in the actual
possession or occupancy of any native of the
Philippine Islands shall not be sold by said
Government to any other person without the
consent thereto of said prior occupant or settler
first had and obtained: Provided, that the prior right
hereby secured to an occupant of land, who can
show no other proof of title than possession, shall
not apply to more than sixteen hectares in any one
tract.
SECTION 17. That timber, trees, forests, and forest

products on lands leased or demised by the
Government of the Philippine Islands under the
provisions of this Act shall not be cut, destroyed,

removed, or appropriated except by special
permission of said Government and under such
regulations as it may prescribe.
All moneys obtained from lease or sale of any

portion of the public domain or from licenses to cut
timber by the Government of the Philippine Islands
shall be covered into the Insular Treasury and be
subject only to appropriation for insular purposes
according to law.
SECTION 18. That the forest laws and regulations

now in force in the Philippine Islands, with such
modifications and amendments as may be made by
the Government of said Islands, are hereby
continued in force, and no timber lands forming
part of the public domain shall be sold, leased, or
entered until the Government of said Islands, upon
the certification of the Forestry Bureau that said
lands are more valuable for agriculture than for
forest uses, shall declare such lands so certified to
be agricultural in character: Provided, that the said
Government shall have the right and is hereby
empowered to issue licenses to cut, harvest, or
collect timber or other forest products on reserved
or unreserved public lands in said Islands in
accordance with the forest laws and regulations
hereinbefore mentioned and under the provisions
of this Act, and the said Government may lease
land to any person or persons holding such

licenses, sufficient for a mill site, not to exceed
four hectares in extent, and may grant rights of way
to enable such person or persons to get access to
the lands to which such licenses apply.
SECTION 19. That the beneficial use shall be the

basis, the measure, and the limit of all rights to
water in said Islands, and the Government of said
Islands is hereby authorised to make such rules and
regulations for the use of water, and to make such
reservations of public lands for the protection of
the water supply, and for other public purposes not
in conflict with the provisions of this Act, as it may
deem best for the public good.
SECTION 20. That in all cases public lands in the

Philippine Islands valuable for minerals shall be
reserved from sale, except as otherwise expressly
directed by law.
SECTION 21. That all valuable mineral deposits in

public lands in the Philippine Islands, both
surveyed and unsurveyed, are hereby declared to
be free and open to exploration, occupation, and
purchase, and the land in which they are found to
occupation and purchase, by citizens of the United
States, or of said Islands:Provided, that when on
any lands in said Islands entered and occupied as
agricultural lands under the provisions of this Act,
but not patented, mineral deposits have been found,

the working of such mineral deposits is hereby
forbidden until the person, association, or
corporation who or which has entered and is
occupying such lands shall have paid to the
Government of said Islands such additional sum or
sums as will make the total amount paid for the
mineral claim or claims in which said deposits are
located equal to the amount charged by the
Government for the same as mineral claims.
SECTION 22. That mining claims upon land

containing veins or lodes of quarts or other rock in
place bearing gold, silver, cinnabar, lead, tin,
copper, or other valuable deposits, located after the
passage of this Act, whether located by one or
more persons qualified to locate the same under the
preceding section, shall be located in the following
manner and under the following conditions: Any
person so qualified desiring to locate a mineral
claim shall, subject to the provisions of this Act
with respect to land which may be used for mining,
enter upon the same and locate a plot of ground
measuring, where possible, but not exceeding, one
thousand feet in length by one thousand feet in
breadth, in as nearly as possible a rectangular form;
that is to say: All angles shall be right angles,
except in cases where a boundary line of a
previously surveyed claim is adopted as common
to both claims, but the lines need not necessarily be
meridional. In defining the size of a mineral claim,
it shall be measured horizontally, irrespective of

inequalities of the surface of the ground.
SECTION 23. That a mineral claim shall be

marked by two posts placed as nearly as possible
on the line of the ledge or vein, and the posts shall
be numbered one and two, and the distance
between posts numbered one and two shall not
exceed one thousand feet, the line between posts
numbered one and two to be known as the location
line; and upon posts numbered one and two shall
be written the name given to the mineral claim, the
name of the locator, and the date of the location.
Upon post numbered one there shall be written, in
addition to the foregoing, “Initial post,” the
approximate compass bearing of post numbered
two, and a statement of the number of feet lying to
the right and to the left of the line from post
numbered one to post numbered two, thus: “Initial
post Direction of post numbered two _____ feet of
this claim lie on the right and _____ feet on the left
of the line from number one to number two post.”
All the particulars required to be put on number
one and number two posts shall be furnished by the
locator to the provincial secretary, or such other
officer as by the Philippine Government may be
described as mining recorder, in writing, at the
time the claim is recorded, and shall form a part of
the record of the sum claim.
SECTION 24. That when a claim has been located

the holder shall immediately mark the line between
posts numbered one and two so that it can be
distinctly seen. The locator shall also place a post
at the point where he has found minerals in place,
on which shall be written “Discovery post:”
Provided, that when the claim is surveyed the
surveyor shall be guided by the records of the
claim, the sketch plan on the back of the
declaration made by the owner when the claim was
recorded, posts numbered one and two, and the
notice on number one, initial post.
SECTION 25. That it shall not be lawful to move

number one post, but number two post may be
moved by the deputy mineral surveyor when the
distance between posts numbered one and two
exceeds one thousand feet, in order to place
number two post one thousand feet from number
one post on the line of location. When the distance
between posts numbered one and two is less than
one thousand feet the deputy mineral surveyor shall
have no authority to extend the claim beyond
number two.
SECTION 26. That the “location line” shall govern

the direction of one side of the claim, upon which
the survey shall be extended according to this Act.
SECTION 27. That the holder of a mineral claim

shall be entitled to all minerals which may lie
within his claim, but he shall not be entitled to
mine outside the boundary lines of his claim
continued vertically downward:Provided, that this
Act shall not prejudice the rights of claim owners
nor claim holders whose claims have been located
under existing laws prior to this Act.
SECTION 28. That no mineral claim of the full

size shall be recorded without the application being
accompanied by an affidavit made by the applicant
or some person on his behalf cognisant of the facts
– that the legal notices and posts have been put up;
that mineral has been found in place on the claim
proposed to be recorded; that the ground applied
for is unoccupied by any other person. In the said
declaration shall be set out the name of the
applicant and the date of the location of the claim.
The words written on the number one and number
two posts shall be set out in full, and as accurate a
description as possible of the position of the claim
given with reference to some natural object or
permanent monuments.
SECTION 29. That no mineral claim which at the

date of its record is known by the locator to be less
than a full-sized mineral claim shall be recorded
without the word “fraction” being added to the
name of the claim, and the application being
accompanied by an affidavit or solemn declaration

made by applicant or some person on his behalf
cognisant of the facts: That the legal posts and
notices have been put up; that mineral has been
found in place on the fractional claim proposed to
be recorded; that the ground applied for is
unoccupied by any other person. In the said
declaration shall be set out the name of the
applicant and the date of the location of the claim.
The words written on the posts numbered one and
two shall be set out in full, and as accurate a
description as possible of the position of the claim
given. A sketch plan shall be drawn by the
applicant on the back of the declaration, showing
as near as may be the position of the adjoining
mineral claims and the shape and size, expressed in
feet, of the claim or fraction desired to be
recorded:Provided, that the failure on the part of
the locator of a mineral claim to comply with any
of the foregoing provisions of this section shall not
be deemed to invalidate such location, if upon the
facts it shall appear that such locator has actually
discovered mineral in place on said location, and
that there has been on his part a bona fide attempt
to comply with the provisions of this Act, and that
the non-observance of the formalities hereinbefore
referred to is not of a character calculated to
mislead other persons desiring to locate claims in
the vicinity.
SECTION 30. That in cases where, from the nature

or shape of the ground, it is impossible to mark the
location line of the claim as provided by this Act,
then the claim may be marked by placing posts as
nearly as possible to the location line, and noting
the distance and direction such posts may be from
such location line, which distance and direction
shall be set out in the record of the claim.
SECTION 31. That every person locating a mineral

claim shall record the same with the provincial
secretary or such other officer as by the
Government of the Philippine Islands may be
described as mining recorder of the district within
which the same is situated, within thirty days after
the location thereof. Such record shall be made in a
book to be kept for the purpose in the office of the
said provincial secretary or such other officer as by
said Government described as mining recorder, in
which shall be inserted the name of the claim, the
name of each locator, the locality of the mine, the
direction of the location line, the length in feet, the
date of location, and the date of the record. A claim
which shall not have been recorded within the
prescribed period shall be deemed to have been
abandoned.
SECTION 32. That in case of any dispute as to the

location of a mineral claim the title to the claim
shall be recognised according to the priority of
such location, subject to any question as to the

validity of the record itself and subject to the
holder having complied with all the terms and
conditions of this Act.
SECTION 33. That no holder shall be entitled to

hold in his, its or their own name or in the name of
any other person, corporation or association more
than one mineral claim on the same vein or lode.
SECTION 34. That a holder may at any time

abandon any mineral claim by giving notice, in
writing, or such intention to abandon, to the
provincial secretary or such other officer as by the
described as mining recorder; and from the date of
the record of such notice all his interest in such
claim shall cease.
SECTION 35. That proof of citizenship under the

clauses of this Act relating to mineral lands may
consist in the case of an individual, of his own
affidavit thereof; in the case of an association of
persons unincorporated, of the affidavit of their
authorised agent made on his own knowledge or
upon information and belief, and in case of a
corporation organised under the laws of the United
States, or of any State or Territory thereof, or of the
Philippine Islands, by the filing of a certified copy
of their charter or certificate of incorporation.
SECTION 36. That the United States Philippine

Commission or its successors may make
regulations, not in conflict with the provision of
this Act, governing the location, manner of
recording, and amount of work necessary to hold
possession of a mining claim, subject to the
following requirements:
On each claim located after the passage of this Act,

and until a patent has been issued therefore, not
less than one hundred dollars’ worth of labour shall
be performed or improvements made during each
year: Provided, that upon a failure to comply with
these conditions the claim or mine upon which
such failure occurred shall be open to relocation in
the same manner as if no location of the same had
ever been made, provided that the original locators,
their heirs, assigns, or legal representatives have
not resumed work upon the claim after failure and
before such location. Upon the failure of any one
of several co-owners to contribute his proportion of
the expenditures required thereby, the co-owners
who have performed the labour or made the
improvements may, at the expiration of the year,
give such delinquent co-owner personal notice in
writing or notice by publication in the newspaper
published nearest the claim, and in two newspapers
published at Manila, one in the English language
and the other in the Spanish language, to be
designated by the Chief of the Philippine Insular
Bureau of Public Lands, for at least once a week
for ninety days, and, if at the expiration of ninety

days after such notice in writing or by publication
such delinquent shall fail or refuse to contribute his
proportion of the expenditure required by this
section his interest in the claim shall become the
property of his co-owners who have made the
required expenditures. The period within which the
work required to be done annually on all
unpatented mineral claims shall commence on the
first day of January succeeding the date of location
of such claim.
SECTION 37. That a patent for any land claimed

and located for valuable mineral deposits may be
obtained in the following manner: Any person,
association, or corporation authorised to locate a
claim under this Act, having claimed and located a
piece of land for such purposes, who has or have
complied with the terms of this Act may file in the
office of the provincial secretary, or such other
officer as by the Government of said Islands may
be described as mining recorder of the province
wherein the land claimed is located, an application
for a patent, under oath showing such compliance,
together with a plat and field notes of the claim or
claims in common, made by or under the direction
of the Chief of the Philippine Insular Bureau of
Public Lands, showing accurately the boundaries of
the claim, which shall be distinctly marked by
monuments on the ground, and shall post a copy of
such plat, together with a notice of such application
for a patent, in a conspicuous place on the land

embraced in such plat previous to the filing of the
application for a patent, and shall file an affidavit
of at least two persons that such notice has been
duly posted, and shall file a copy of the notice in
such office, and shall thereupon be entitled to a
patent for the land, in the manner following: The
provincial secretary, or such other officer as by the
Philippine Government may be described as
mining recorder, upon the filing of such
application, plat, field notes, notices, and affidavits,
shall publish a notice that such an application has
been made, once a week for the period of sixty
days, in a newspaper to be by him designated as
nearest to such claim and in two newspapers
published at Manila, one in the English language
and one in the Spanish language, to be designated
by the Chief of the Philippine Insular Bureau of
Public Lands; and he shall also post such notice in
his office for the same period. The claimant at the
time of filing this application, or at any time
thereafter within the sixty days of publication, shall
file with the provincial secretary or such other
officer as by the Philippine Government may be
described as mining recorder a certificate of the
Chief of the Philippine Insular Bureau of Public
Lands that five hundred dollars’ worth of labour
has been expended or improvements made upon
the claim by himself or grantors; that the plat is
correct, with such further description by such
reference to natural objects or permanent
monuments as shall identify the claim, and furnish

an accurate description to be incorporated in the
patent. At the expiration of the sixty days of
publication the claimant shall file his affidavit,
showing that the plat and notice have been posted
in a conspicuous place on the claim during such
period of publication. If no adverse claim shall
have been filed with the provincial secretary or
such other officer as by the Government of said
Islands may be described as mining recorder at the
expiration of the sixty days of publication, it shall
be assumed that the applicant is entitled to a patent
upon the payment to the provincial treasurer or the
collector of internal revenue of five dollars per acre
and that no adverse claim exists, and thereafter no
objection from third parties to the issuance of a
patent shall be heard, except it be shown that the
applicant has failed to comply with the terms of
this Act: Provided, that where the claimant for a
patent is not a resident of or within the province
wherein the land containing the vein, ledge, or
deposit sought to be patented is located, the
application for patent and the affidavits required to
be made in this section by the claimant for such
patent may be made by his, her, or its authorised
agent where said agent is conversant with the facts
sought to be established by said affidavits.
SECTION 38. That applicants for mineral patents,

if residing beyond the limits of the province or
military department wherein the claim is situated,
may make the oath or affidavit required for proof

of citizenship before the clerk of any court of
record, or before any notary public of any province
of the Philippine Islands, or any other official in
said Islands authorised by law to administer oaths.
SECTION 39. That where an adverse claim is filed

during the period of publication it shall be upon
oath of the person or persons making the same, and
shall show the nature, boundaries, and extent of
such adverse claim, and all proceedings, except the
publication of notice and making and filing of the
affidavits thereof, shall be stayed until the
controversy shall have been settled or decided by a
court of competent jurisdiction or the adverse claim
waived. It shall be the duty of the adverse claimant,
within thirty days after filing his claim, to
commence proceedings in a court of competent
jurisdiction to determine the question of the right
of possession, and prosecute the same with
reasonable diligence to final judgment, and a
failure so to do shall be a waiver of his adverse
claim. After such judgment shall have been
rendered the party entitled to the possession of the
claim, or any portion thereof, may, without giving
further notice, file a certified copy of the judgment
roll with the provincial secretary or such other
officer as by the Government of the Philippine
Islands may be described as mining recorder,
together with the certificate of the Chief of the
Philippine Insular Bureau of Public Lands that the
requisite amount of labour has been expended or

improvements made thereon, and the description
required in other cases, and shall pay to the
provincial treasurer or the collector of internal
revenue of the province in which the claim is
situated, as the case may be, five dollars per acre
for his claim, together with the proper fees,
whereupon the whole proceedings and the
judgment roll shall be certified by the provincial
secretary or such other officer as by said
Government may described as mining recorder to
the Secretary of the Interior of the Philippine
Islands, and a patent shall issue thereon for the
claim, or such portion thereof as the applicant shall
appear, from the decision of the court, rightly to
possess. The adverse claim may be verified by the
oath of any duly authorised agent or attorney in
fact of the adverse claimant cognisant of the facts
stated; and the adverse claimant, if residing or at
the time being beyond the limits of the province
wherein the claim is situated, may make oath to the
adverse claim before the clerk of any court of
record, or any notary public of any province or
military department of the Philippine Islands, or
any other officer authorised to administer oaths
where the adverse claimant may then be. If it
appears from the decision of the court that several
parties are entitled to separate and different
portions of the claim, each party may pay for his
portion of the claim, with the proper fees, and file
the certificate and description by the Chief of the
Philippine Insular Bureau of Public Lands,

whereupon the provincial secretary or such other
officer as by the Government of said Islands may
be described as mining recorder shall certify the
proceedings and judgment roll to the Secretary of
the Interior for the Philippine Islands, as in the
preceding case, and patents shall issue to the
several parties according to their respective rights.
If in any action brought pursuant to this section,
title to the ground in controversy shall not be
established by either party, the court shall so find,
and judgment shall be entered accordingly. In such
case costs shall not be allowed to either party, and
the claimant shall proceed in the office of the
provincial secretary or such other officer as by the
Government of said Islands may be described as
mining recorder or be entitled to a patent for the
ground in controversy until he shall have perfected
his title. Nothing herein contained shall be
construed to prevent the alienation of a title
conveyed by a patent for a mining claim to any
person whatever.
SECTION 40. That the description of mineral

claims upon surveyed lands shall designate the
location of the claim with reference to the lines of
the public surveys, but need not conform therewith;
but where a patent shall be issued for claims upon
unsurveyed lands, the Chief of the Philippine
Insular Bureau of Public Lands in extending the
surveys shall adjust the same to the boundaries of
such patented claim according to the plat or

description thereof, but so as in no case to interfere
with or change the location of any patented claim.
SECTION 41. That any person authorised to enter

lands under this Act may enter and obtain patent to
lands that are chiefly valuable for building stone
under the provisions of this Act relative to placer
mineral claims.
SECTION 42. That any person authorised to enter

lands under this Act may enter and obtain patent to
lands containing petroleum or other mineral oils
and chiefly valuable therefore under the provisions
of this Act relative to parcel mineral claims.
SECTION 43. That no location of a placer claim

shall exceed sixty-four hectares for any association
of persons, irrespective of the number of persons
composing such association, and no such location
shall include more than eight hectares for an
individual claimant. Such locations shall conform
to the laws of the United States Philippine
Commission, or its successors, with reference to
public surveys, and nothing in this section
contained shall defeat or impair any bona fide
ownership of land for agricultural purposes or
authorise the sale of the improvements of any bona
fide settler to any purchase.
Section 44. That where placer claims are located

upon surveyed lands and conform to legal
subdivisions, further survey or plat shall be
required, and all placer mining claims located after
the date of passage of this Act shall conform as
nearly as practicable to the Philippine system of
public-land surveys and the regular subdivision of
such surveys; but where placer claims can not be
conformed to legal subdivisions, survey and plat
shall be made as on nsurveyed lands; and where by
the segregation of mineral lands in any legal
subdivision a quantity of agricultural land less than
sixteen hectares shall remain, such fractional
portion of agricultural land may be entered by any
party qualified by law for homestead purposes.
SECTION 45. That where such person or

association, they and their grantors have held and
worked their claims for a period equal to the time
prescribed by the statute of limitations of the
Philippine Islands, evidence of such possession and
working of the claims for such period shall be
sufficient to establish a right to a patent thereto
under this Act, in the absence of any adverse claim;
but nothing in this Act shall be deemed to impair
any lien which may have attached in any way
whatever prior to the issuance of a patent.
SECTION 46. That the Chief of the Philippine

Insular Bureau of Public Lands may appoint
competent deputy mineral surveyors to survey

mining claims. The expenses of the survey of vein
or lode claims and of the survey of placer claims,
together with the cost of publication of notices,
shall be paid by the applicants, and they shall be at
liberty to obtain the same at the most reasonable
rates, and they shall also be at liberty to employ
any such deputy mineral surveyor to make the
survey. The Chief of the Philippine Insular Bureau
of Public Lands shall also have power to establish
the maximum charges for surveys and publication
of notices under this Act; and in case of excessive
charges for publication he may designate any
newspaper published in a province where mines are
situated, or in Manila, for the publication of mining
notices and fix the rates to be charged by such
paper; and to the end that the Chief of the Bureau
of Public Lands may be fully informed on the
subject such applicant shall file with the provincial
secretary, or such other officer as by the
described as mining recorder, a sworn statement of
all charges and fees paid by such applicant for
publication and surveys, and of all fees and money
paid the provincial treasurer or the collector of
internal revenue, as the case may be, which
statement shall be transmitted, with the other
papers in the case, to the Secretary of the Interior
for the Philippine Islands.
SECTION 47. That all affidavits required to be

made under this Act may be verified before any
officer authorised to administer oaths within the
province or military department where the claims
may be situated, and all testimony and proofs may
be taken before any such officer, and, when duly
certified by the officer taking the same, shall have
the same force and effect as if taken before the
proper provincial secretary or such other officer as
by the Government of the Philippine Islands may
be described as mining recorder. In cases of contest
as to the mineral or agricultural character of land
the testimony and proofs may be taken as herein
provided on personal notice of at least ten days to
the opposing party; or if such party can not be
found, then by publication at least once a week for
thirty days in a newspaper to be designated by the
provincial secretary or such other officer as by said
Government may be described as mining recorder
published nearest to the location of such land and
in two newspapers published in Manila, one in the
English language and one in the Spanish language,
to be designated by the Chief of the Philippine
Insular Bureau of Public Lands; and the provincial
secretary or such other officer as by said
Government may be described as mining recorder
shall require proofs that such notice has been
given.
SECTION 48. That where non-mineral land not

contiguous to the vein or lode is used or occupied
by the proprietor of such vein or lode for mining or

milling purposes, such nonadjacent surface ground
may be embraced and included in an application
for a patent for such vein or lode, and the same
may be patented therewith, subject to the same
preliminary requirements as to survey and notice as
are applicable to veins or lodes; but no location of
such nonadjacent land shall exceed two hectares,
and payment for the same must be made at the
same rate as fixed by this Act for the superficies of
the lode. The owner of a quarts mill or reduction
works not owning a mine in connection therewith
may also receive a patent for his mill site as
provided in this section.
SECTION 49. That as a condition of sale the

Government of the Philippine Islands may provide
rules for working, policing, and sanitation of
mines, and rules concerning easements, drainage,
water rights, right of way, right of Government
survey and inspection, and other necessary means
to their complete development not inconsistent
with the provisions of this Act, and those
conditions shall be fully expressed in the patent.
The Philippine Commission or its successors are
hereby further empowered to fix the bonds of
deputy mineral surveyors.
SECTION 50. That whenever by priority of

possession rights to the use of water for mining,
agricultural, manufacturing, or other purposes have

vested and accrued and the same are recognised
and acknowledged by the local customs, laws, and
the decisions of courts, the possessors and owners
of such vested rights shall be maintained and
protected in the same, and the right of way for the
construction of ditches and canals for the purposes
herein specified is acknowledged and confirmed,
but whenever any person, in the construction of
any ditch or canal, injures or damages the
possession of any settler on the public domain, the
party committing such injury or damage shall be
liable to the party injured for such injury or
damage.
SECTION 51. That all patents granted shall be

subject to any vested and accrued water rights, or
rights to ditches and reservoirs used in connection
with such water rights as may have been acquired
under or recognised by the preceding section.

Philippine Islands is authorised to establish land
districts and provide for the appointment of the
necessary officers wherever they may deem the
same necessary for the public convenience, and to
further provide that in districts where land offices
are established proceedings required by this Act to
be had before provincial officers shall be had
before the proper officers of such land offices.
SECTION 53. That every person above the age of

twenty-one years, who is a citizen of the United
States, or of the Philippine Islands, or who has
acquired the rights of a native of said Islands under
and by virtue of the treaty of Paris, or any
association of persons severally qualified as above,
shall, upon application to the proper provincial
treasurer, have the right to enter any quality of
vacant coal lands of said Islands not otherwise
appropriated or reserved by competent authority,
not exceeding sixty-four hectares to such
individual person, or one hundred and twenty-eight
hectares to such association, upon payment to the
provincial treasurer or the collector of internal
revenue, as the case may be, of not less than
twenty-five dollars per hectare for such lands,
where the same shall be situated more than fifteen
miles from any completed railroad or available
harbour or navigable stream, and not less than fifty
dollars per hectare for such lands as shall be within
fifteen miles of such road, harbour, or stream:
Provided, that such entries shall be taken in squares
of sixteen or sixty-four hectares, in conformity
with the rules and regulations governing the public-
land surveys of the said Islands in plotting legal
subdivisions.
SECTION 54. That any person or association of

persons, severally qualified as above provided,
who have opened and improved, or shall hereafter
open and improve, any coal mine or mines upon
the public lands, and shall be in actual possession

of the same, shall be entitled to a preference right
of entry under the preceding section of the mines
so opened and improved.
SECTION 55. That all claims under the preceding

section must be presented to the proper provincial
secretary within sixty days after the date of actual
possession and the commencement of
improvements on the land by the filing of a
declaratory statement therefore; and where the
improvements shall have been made prior to the
expiration of three months from the date of the
passage of this Act, sixty days from the expiration
of such three months shall be allowed for the filing
of a declaratory statement; and no sale under the
provisions of this Act shall be allowed until the
expiration of six months from the date of the
passage of this Act.
SECTION 56. That the three preceding sections

shall be held to authorise only one entry by the
same person or association of persons; and no
association of persons, any member of which shall
have taken the benefit of such sections, either as an
individual or as a member of any other association,
shall enter or hold any other lands under the
provisions thereof; and no member of any
association which shall have taken the benefit of
such section shall enter or hold any other lands
under their provisions; and all persons claiming

under section fifty-eight shall be required to prove
their respective rights and pay for the lands filed
upon within one year from the time prescribed for
filing their respective claims; and upon failure to
file the proper notice or to pay for the land within
the required period, the same shall be subject to
entry by any other qualified applicant.
SECTION 57. That in case of conflicting claims

upon coal lands where the improvements shall be
commenced after the date of the passage of this
Act, priority of possession and improvement,
followed by proper filing and continued good faith,
shall determine the preference right to purchase.
And also where improvements have already been
made prior to the passage of this Act, division of
the land claimed may be made by legal
subdivisions, which shall conform as nearly as
practicable with the subdivisions of land provided
for in this Act, to include as near as may be the
valuable improvements of the respective parties.
The Government of the Philippine Islands is
authorised to issue all needful rules and regulations
for carrying into effect the provisions of this and
preceding sections relating to mineral lands.
SECTION 58. That whenever it shall be made to

appear to the secretary of any province or the
commander of any military department in the
Philippine Islands that any lands within the

province are saline in character, it shall be the duty
of said provincial secretary or commander, under
the regulations of the Government of the Philippine
Islands, to take testimony in reference to such
lands, to ascertain their true character, and to report
the same to the Secretary of the Interior for the
Philippine Islands; and if, upon such testimony, the
Secretary of the Interior shall find that such lands
are saline and incapable of being purchased under
any of the laws relative to the public domain, then
and in such case said lands shall be offered for sale
at the office of the provincial secretary or such
other officer as by the said Government may be
described as mining recorder of the province or
department in which the same shall be situated, as
the case may be, under such regulations as may be
prescribed by said Government and sold to the
highest bidder, for cash, at a price of not less than
three dollars per hectare; and in case such lands fail
to sell when so offered, then the same shall be
subject to private sale at such office, for cash, at a
price not less than three dollars per hectare, in the
same manner as other lands in the said Islands are
sold. All executive proclamations relating to the
sales of public saline lands shall be published in
only two newspapers, one printed in the English
language and one in the Spanish language, at
Manila, which shall be designated by said
Secretary of the Interior.
SECTION 59. That no Act granting lands to

provinces, districts, or municipalities to aid in the
construction of roads, or for other public purposes,
shall be so construed as to embrace mineral lands,
which, in all cases, are reserved exclusively, unless
otherwise specially provided in the Act or Acts
making the grant.
SECTION 60. That nothing in this Act shall be

construed to affect the rights of any person,
partnership, or corporation having a valid,
perfected mining concession granted prior to April
eleventh, eighteen hundred and ninety-nine, but all
such concessions shall be conducted under the
provisions of the law in force at the time they were
granted, subject at all times to cancellation by
reason of illegality in the procedure by which they
were obtained, or for failure to comply with the
conditions prescribed as requisite to their retention
in the laws under which they were granted:
Provided, that the owner or owners of every such
concession shall cause the corners made by its
boundaries to be distinctly marked with permanent
monuments within six months after this Act has
been promulgated in the Philippine Islands, and
that any concessions the boundaries of which are
not so marked within this period shall be free and
open to exploration and purchase under the
provisions of this Act.
SECTION 61. That mining rights on public lands

in the Philippine Islands shall, after the passage of
this Act, be acquired only in accordance with its
provisions.
SECTION 62. That all proceedings for the

cancellation of perfected Spanish concessions shall
be conducted in the courts of the Philippine Islands
having jurisdiction of the subject-matter and of the
parties, unless the United States Philippine
Commission, or its successors, shall create special
tribunals for the determination of such
controversies.
Authority for the Philippine Islands

Government to Purchase Lands of Religious
Orders and Others and Issue Bonds for
Purchase Price

Philippine Islands is hereby authorised, subject to
the limitations and conditions prescribed in this
Act, to acquire, receive, hold, maintain, and convey
title to real and personal property, and may acquire
real estate for public uses by the exercise of the
right of eminent domain.
SECTION 64. That the powers hereinbefore

conferred in section sixty-three may also be
exercised in respect of any lands, easements,
appurtenances, and hereditaments which, on the

thirteenth of August, eighteen hundred and ninety-
eight, were owned or held by associations,
corporations, communities, religious orders, or
private individuals in such large tracts or parcels
and in such manner as in the opinion of the
Commission injuriously to affect the peace and
welfare of the people of the Philippine Islands. And
for the purpose of providing funds to acquire the
lands mentioned in this section said Government of
the Philippine Islands is hereby empowered to
incur indebtedness, to borrow money, and to issue,
and to sell at not less than par value, in gold coin of
the United States of the present standard value or
the equivalent in value in money of said Islands,
upon such terms and conditions as it may deem
best, registered or coupon bonds of said
Government for such amount as may be necessary,
said bonds to be in denominations of fifty dollars
or any multiple thereof, bearing interest at a rate
not exceeding four and a half per centum per
annum, payable quarterly, and to be payable at the
pleasure of said Government after dates named in
said bonds not less than five nor more than thirty
years from the date of their issue, together with
interest thereon, in gold coin of the United States
of the present standard value or the equivalent in
value in money of said Islands; and said bonds
shall be exempt from the payment of all taxes or
duties of said Government, or any local authority
therein, or of the Government of the United States,
as well as from taxation in any form by or under

State, municipal, or local authority in the United
States or the Philippine Islands. The moneys which
may be realised or received from the issue and sale
of said bonds shall be applied by the Government
of the Philippine Islands to the acquisition of the
property authorised by this section, and to no other
purposes.
SECTION 65. That all lands acquired by virtue of

the preceding section shall constitute a part and
portion of the public property of the Government
of the Philippine Islands, and may be held, sold,
and conveyed, or leased temporarily for a period
not exceeding three years after their acquisition by
said Government on such terms and conditions as it
may prescribe, subject to the limitations and
conditions provided for in this Act:Provided, that
all deferred payments and the interest thereon shall
be payable in the money prescribed for the
payment of principal and interest of the bonds
authorised to be issued in payment of said lands by
the preceding section and said deferred payments
shall bear interest at the rate borne by the bonds.
All moneys realised or received from sales or other
disposition of said lands or by reason thereof shall
constitute a trust fund for the payment of principal
and interest of said bonds, and also constitute a
sinking fund for the payment of said bonds at their
maturity. Actual settlers and occupants at the time
said lands are acquired by the Government shall
have the preference over all others to lease,

purchase, or acquire their holdings within such
reasonable time as may be determined by said
Government.
Municipal Bonds for Public Improvements
SECTION 66. That for the purpose of providing

funds to construct sewers, to furnish adequate
sewer and drainage facilities, to secure a sufficient
supply of water, and to provide all kinds of
municipal betterments and improvements in
municipalities, the Government of the Philippine
Islands, under such limitations, terms, and
conditions as it may prescribe, with the consent and
approval of the President and the Congress of the
United States, may permit any municipality of said
Islands to incur indebtedness, borrow money, and
to issue and sell (at not less than par value in gold
coin of the United States) registered or coupon
bonds in such amount and payable at such time as
may be determined by the Government of said
Islands, with interest thereon not to exceed five per
centum per annum: Provided, that the entire
indebtedness of any municipality under this section
shall not exceed five per centum of the assessed
valuation of the property in said municipality and
any obligation in excess of such limit shall be null

and void.
SECTION 67. That all municipal bonds shall be in

denominations of fifty dollars, or any multiple
thereof, bearing interest at a rate not exceeding five
per centum per annum, payable quarterly, such
bonds to be payable at the pleasure of the
Government of the Philippine Islands, after dates
named in said bonds not less than five nor more
than thirty years from the date of their issue,
together with the interest thereon, in gold coin of
the United States of the present standard of value,
or its equivalent in value in money of the said
Islands: and said bonds shall be exempt from the
payment of all taxes or duties of the Government of
the Philippine Islands, or any local authority
therein, or the Government of the United States.
SECTION 68. That all moneys which may be

realised or received from the issue and sale of said
bonds shall be utilised under authorisation of the
Government of the Philippine Islands in providing
the municipal improvements and betterment which
induced the issue and sale of said bonds, and for no
other purpose.

Philippine Islands shall, by the levy and collection
of taxes on the municipality, its inhabitants and
their property, or by other means, make adequate

provision to meet the obligation of the bonds of
such municipality, and shall create a sinking fund
sufficient to retire them and pay the interest
thereon in accordance with the terms of issue:
Provided, that if said bonds or any portion thereof
shall be paid out of the funds of the Government of
said Islands, such municipality shall reimburse said
Government for the sum thus paid, and said
Government is hereby empowered to collect said
sum by the levy and collection of taxes on such
municipality.
SECTION 70. That for the purpose of providing

funds to construct sewers in the city of Manila and
to furnish it with an adequate sewer and drainage
system and supply of water the Government of the
Philippine Islands, with the approval of the
President of the United States first had, is hereby
authorised to permit the city of Manila to incur
indebtedness, to borrow money, and to issue and
sell (at not less than par value in gold coin of the
United States), upon such terms and conditions as
it may deem best, registered or coupon bonds of
the city of Manila to an amount not exceeding four
million dollars, lawful money of the United States,
payable at such time or times as may be determined
by said Government, with interest thereon not to
exceed five per centum per annum.
SECTION 71. That said coupon or registered

bonds shall be in denominations of fifty dollars or
any multiple thereof, bearing interest at a rate not
exceeding five per centum per annum, payable
quarterly, such bonds to be payable at the pleasure
of the Government of the Philippine Islands, after
dates named in said bonds not less than five nor
more than thirty years from the date of their issue,
together with the interest thereon in gold coin of
the United States of the present standard value, or
the equivalent in value in money of the said
Islands; and said bonds shall be exempt from the
payment of all taxes or duties of the Government of
the said Islands, or of any local authority therein, or
of the Government of the United States.
SECTION 72. That all moneys which may be

realised or received from the issue and sale of said
bonds shall be utilised under authorisation of said
Government of the Philippine Islands in providing
a suitable sewer and drainage system and adequate
supply of water for the city of Manila and for no
other purpose.

Philippine Islands shall, by the levy and collection
of taxes on the city of Manila, its inhabitants and
their property, or by other means, make adequate
provision to meet the obligation of said bonds and
shall create a sinking fund sufficient to retire them
and pay the interest thereon in accordance with the

terms of issue: Provided, that if said bonds or any
portion thereof shall be paid out of the funds of the
Government of said Islands, said city shall
reimburse said Government for the sum thus paid,
and said Government is hereby empowered to
collect said sum by the levy and collection of taxes
on said city.
Franchises

Philippine Islands may grant franchises; privileges,
and concessions, including the authority to exercise
the right of eminent domain for the construction
and operation of works of public utility and
service, and may authorise said works to be
constructed and maintained over and across the
public property of the United States, including
streets, highways, squares, and reservations, and
over similar property of the Government of said
Islands, and may adopt rules and regulations under
which the provincial and municipal governments of
the Islands may grant the right to use and occupy
such public property belonging to said provinces or
municipalities: Provided, that no private property
shall be taken for any purpose under this section
without just compensation paid or tendered
therefore, and that such authority to take and
occupy land shall not authorise the taking, use, or
occupation of any land except such as is required

for the actual necessary purposes for which the
franchise is granted, and that no franchise,
privilege, or concession shall be granted to any
corporation except under the conditions that it shall
be subject to amendment, alteration, or repeal by
the Congress of the United States, and that lands or
rights of use and occupation of lands thus granted
shall revert to the Governments by which they
were respectively granted upon the termination of
the franchises and concession under which they
were granted or upon their revocation or repeal.
That all franchises, privileges, or concessions
granted under this Act shall forbid the issue of
stock or bonds except in exchange for actual cash,
or for property at a fair valuation, equal to the par
value of the stock or bonds so issued; shall forbid
the declaring of stock or bond dividends, and, in
the case of public-service corporations, shall
provide for the effective regulation of the charges
thereof, for the official inspection and regulation of
the books and accounts of such corporations, and
for the payment of a reasonable percentage of gross
earnings into the Treasury of the Philippine Islands
or of the province or municipality within which
such franchises are granted and exercised:
Provided further, that it shall be unlawful for any
corporation organised under this Act, or for any
person, company, or corporation receiving any
grant, franchise, or concession from the
Government of said Islands, to use, employ, or
contract for the labour of persons claimed or

alleged to be held in involuntary servitude; and any
person, company, or corporation so violating the
provisions of this Act shall forfeit all charters,
grants, franchises, and concessions for doing
business in said Islands, and in addition shall be
deemed guilty of an offence, and shall be punished
by a fine of not less than ten thousand dollars.
SECTION 75. That no corporation shall be

authorised to conduct the business of buying and
selling real estate or be permitted to hold or own
real estate except such as may be reasonably
necessary to enable it to carry out the purposes for
which it is created, and every corporation
authorised to engage in agriculture shall by its
charter be restricted to the ownership and control
of not to exceed one thousand and twenty-four
hectares of land; and it shall be unlawful for any
member of a corporation engaged in agriculture or
mining and for any corporation organised for any
purpose except irrigation to be in any wise
interested in any other corporation engaged in
agriculture or in mining. Corporations, however,
may loan funds upon real-estate security and
purchase real estate when necessary for the
collection of loans, but they shall dispose of real
state so obtained within five years after receiving
the title. Corporations not organised in the
Philippine Islands, and doing business therein shall
be bound by the provisions of this section so far as

they are applicable.
Coinage

Philippine Islands is hereby authorised to establish
a mint at the city of Manila, in said Islands, for
coinage purposes, and the coins hereinafter
authorised may be coined at said mint. And the
said Government is hereby authorised to enact laws
necessary for such establishment:Provided, that the
laws of the United States relating to mints and
coinage, so far as applicable, are hereby extended
to the coinage of said Islands.

Philippine Islands is authorised to coin, for use in
said Islands, a coin of the denomination of fifty
centavos and of the weight of one hundred and
ninety-two and nine-tenths grains, a coin of the
denomination of twenty centavos and of the weight
of seventy-seven and sixteen one-hundredths
grains, and a coin of the denomination of ten
centavos and of the weight of thirty-eight and fifty-
eight one-hundredths grains, and the standards of
said silver coins shall be such that of one thousand
parts by weight nine hundred shall be of pure metal
and one hundred of alloy, and the alloy shall be of
copper.
SECTION 78. That the subsidiary silver coins

authorised by the preceding section shall be coined
under the authority of the Government of the
Philippine Islands in such amounts as it may
determine, with the approval of the Secretary of
War of the United States, from silver bullion
purchased by said Government, with the approval
of the Secretary of War of the United States:
Provided, that said Government may in addition
and in its discretion recoin the Spanish-Filipino
dollars and subsidiary silver coins issued under the
authority of the Spanish Government for use in
said Islands into the subsidiary coins provided for
in the preceding section at such rate and under such
regulations as it may prescribe, and the subsidiary
silver coins authorised by this section shall be legal
tender in said Islands to the amount of ten dollars.

Philippine Islands is also authorised to issue minor
coins of the denominations of one-half centavo,
one centavo, and five centavos, and such minor
coins shall be legal tender in said Islands for
amounts not exceeding one dollar. The alloy of the
five-centavo piece shall be of copper and nickel, to
be composed of three fourths copper and one-
fourth nickel. The alloy of the one-centavo and
one-half-centavo pieces shall be ninety-five per
centum of copper and five per centum of tin and
zinc, in such proportions as shall be determined by
said Government. The weight of the five-centavo
piece shall be seventy-seven and sixteen-

hundredths grains troy, and of the one-centavo
piece eighty grains troy, and of the one-half
centavo piece forty grains troy.
SECTION 80. That for the purchase of metal for

the subsidiary and minor coinage, authorised by the
preceding sections, an appropriation may be made
by the Government of the Philippine Islands from
its current funds, which shall be reimbursed from
the coinage under said sections; and the gain or
seigniorage arising there from shall be paid into the
Treasury of said Islands.
SECTION 81. That the subsidiary and minor

coinage hereinbefore authorised may be coined at
the mint of the Government of the Philippine
Islands at Manila, or arrangements may be made by
the said Government with the Secretary of the
Treasury of the United States for their coinage at
any of the mints of the United States, at a charge
covering the reasonable cost of the work.
SECTION 82. That the subsidiary and minor

coinage hereinbefore authorised shall bear devices
and inscriptions to be prescribed by the
Government of the Philippines Islands, and such
devices and inscriptions shall express the
sovereignty of the United States, that it is a coin of
the Philippine Islands, the denomination of the

coin, and the year of the coinage.

Philippine Islands shall have the power to make all
necessary appropriations and all proper regulations
for the redemption and reissue of worn or defective
coins and for carrying out all other provisions of
this Act relating to coinage.
SECTION 84. That the laws relating to entry,

clearance, and manifests of steamships and other
vessels arriving from or going to foreign ports shall
apply to voyages each way between the Philippine
Islands and the United States and the possessions
thereof, and all laws relating to the collection and
protection of customs duties not inconsistent with
the Act of Congress of March eighth, nineteen
hundred and two, “temporarily to provide revenue
for the Philippine Islands,” shall apply in the case
of vessels and goods arriving from said Islands in
the United States and its aforesaid possessions.
The laws relating to seamen on foreign voyages

shall apply to seamen on vessels going from the
United States and its possessions aforesaid to said
Islands, the customs officers there being for this
purpose substituted for consular officers in foreign
ports.
The provisions of chapters six and seven, title

forty-eight, Revised Statutes, so far as now in
force, and any amendments thereof, shall apply to
vessels making voyages either way between ports
of the United States or its aforesaid possessions
and ports in said Islands; and the provisions of law
relating to the public health and quarantine shall
apply in the case of all vessels entering a port of
the United States or its aforesaid possessions from
said Islands, where the customs officers at the port
of departure shall perform the duties required by
such law of consular officers in foreign ports.
Section 3005, Revised Statutes, as amended, and

other existing laws concerning the transit of
merchandise through the United States, shall apply
to merchandise arriving at any port of the United
States destined for any of its insular and
continental possessions or destined from any of
them to foreign countries.
Nothing in this Act shall be held to repeal or alter

any part of the Act of March eighth, nineteen
hundred and two, aforesaid, or to apply to Guam,
Tutorial, or Mauna, except that section eight of an
Act entitled “An Act to revise and amend the tariff
laws of the Philippine Archipelago,” enacted by the
Philippine Commission on the seventeenth of
September, nineteen hundred and one, and
approved by an Act entitled “An Act temporarily to
provide revenues for the Philippine Islands, and for

other purposes,” approved March eighth, nineteen
hundred and two, is hereby amended so as to
authorise the Civil Governor thereof in his
discretion to establish the equivalent rates of the
money in circulation in said Islands with the
money of the United States as often as once in ten
days.
SECTION 85. That the Treasury of the Philippine

Islands and such banking associations in said
Islands with a paid-up capital of not less than two
million dollars and chartered by the United States
or any State thereof as may be designated by the
Secretary of War and the Secretary of the Treasury
of the United States shall be depositories of public
money of the United States, subject to the
provisions of existing law governing such
depositories in the United States: Provided, that the
Treasury of the Government of said Islands shall
not be required to deposit bonds in the Treasury of
the United States, or to give other specific
securities for the safe-keeping of public money
except as prescribed, in his discretion, by the
Secretary of War.
SECTION 86. That all laws passed by the

Government of the Philippine Islands shall be
reported to Congress, which hereby reserves the
power and authority to annul the same, and the
Philippine Commission is hereby directed to make

annual report of all its receipts and expenditures to
the Secretary of War.
Bureau of Insular Affairs
SECTION 87. That the Division of Insular Affairs

of the War Department, organised by the Secretary
of War, is hereby continued until otherwise
provided, and shall hereafter be known as the
Bureau of Insular Affairs of the War Department.
The business assigned to said Bureau shall embrace
all matters pertaining to civil government in the
island possessions of the United States subject to
the jurisdiction of the War Department; and the
Secretary of War is hereby authorised to detail an
officer of the Army whom he may consider
especially well qualified, to act under the authority
of the Secretary of War as the chief of said Bureau,
and said officer while acting under said detail shall
have the rank, pay, and allowances of a colonel.
SECTION 88. That all Acts and parts of Acts

inconsistent with this Act are hereby repealed.
--- oOo ---

THE JONES LAW

OF 1916
[Public No. 240]

August 29, 1916
TITLE
AN ACT TO DECLARE THE PURPOSE OF

THE PEOPLE OF THE UNITED STATES AS
TO THE FUTURE POLITICAL STATUS OF
THE PEOPLE OF THE PHILIPPINE
ISLANDS, AND TO PROVIDE A MORE
AUTONOMOUS GOVERNMENT FOR
THOSE ISLANDS.
PREAMBLE
Whereas it was never the intention of the people of

United States in the incipiency of the war with
Spain to make it a war of conquest or for territorial
aggrandizement; and
Whereas it is, as it has always been, the purpose of

the people of the United States to withdraw their
sovereignty over Philippine Islands and to
recognize their independence as soon as a stable
government can be established therein; and
Whereas for the speedy accomplishment of such

purpose it is desirable to place in the hands of the
people of the Philippines as large a control of their
domestic affairs as can be given them without, in

the meantime, impairing the exercise of the rights
of sovereignty by the people of the United States,
in order that, by the use and exercise of popular
franchise and governmental powers, they may be
the better prepared to fully assume the
responsibilities and enjoy all the privileges of
complete independence: Therefore
SECTION 1.―The Philippines
Be it enacted by the Senate and House of

Representatives the United States of America in
Congress assembled, That the provisions of this
Act and the name “The Philippines” as used in this
Act shall apply to and include the Philippine
Islands ceded to the United States Government by
the treaty of peace concluded between the United
States and Spain on the eleventh day of April,
eighteen hundred and ninety-nine, the boundaries
of which are set forth in Article III of said treaty,
together with those islands embraced in the treaty
between Spain and the United States concluded at
Washington on the seventh day of November,
nineteen hundred.
SECTION 2.―Philippine Citizenship and

Naturalization
That all inhabitants of the Philippine Islands who

were Spanish subjects on the eleventh day of April,
eighteen hundred and ninety-nine, and then resided
in said Islands, and their children born subsequent
thereto, shall be deemed and held to be citizens of
the Philippine Islands, except such as shall have
elected to preserve their allegiance to the Crown of
Spain in accordance with the provisions of the
treaty of peace between the United States and
Spain, signed at Paris December tenth, eighteen
hundred and ninety-eight, and except such others
as have since become citizens of some other
country:Provided, That the Philippine Legislature,
herein provided for, is hereby authorized to provide
by law for the acquisition of Philippine citizenship
by those natives of the Philippine Islands who do
not come within the foregoing provisions, the
natives of the insular possessions of the United
States, and such other persons residing in the
Philippine Islands who are citizens of the United
States, or who could become citizens of the United
States under the laws of the United States if
residing therein.
SECTION 3.―Bill of Rights
(a) Due process and eminent domain.―That no

law shall be enacted in said Islands which shall
deprive any person of life, liberty, or property
without due process of law, or deny to any person
therein the equal protection of the laws. Private

property shall not be taken for public use without
just compensation.
(b) Rights of persons accused of crime.―That in

all criminal prosecutions the accused shall enjoy
the right to be heard by himself and counsel, to
demand the nature and cause of the accusation
against him, to have a speedy and public trial, to
meet the witnesses face to face, and to have
compulsory process to compel the attendance of
witnesses in his behalf.
That no person shall be held to answer for a

criminal offense without due process of law; and
no person for the same offense shall be twice put in
jeopardy of punishment, nor shall be compelled in
any criminal case to be a witness against himself.
That all persons shall before conviction be bailable

by sufficient sureties, except for capital offenses.
(c) Obligation of contracts.―That no law

impairing the obligation of contracts shall be
enacted.
(d) Imprisonment for debt.―That no person shall

be imprisoned for debt.
(e) Suspension of habeas corpus.―That the

privilege of the writ of habeas corpus shall not be
suspended, unless when in cases of rebellion,
insurrection, or invasion the public safety may
require it, in either of which event the same may be
suspended by the President, or by the Governor-
General, wherever during such period the necessity
for such suspension shall exist.
(f) Ex post facto laws, primogeniture, titles of

nobility.―That no ex post facto law or bill of
attainder shall be enacted nor shall the law of
primogeniture ever be in force in the Philippines.
That no law granting a title of nobility shall be

or trust in said Islands shall, without the consent of
the Congress of the United States, accept any
present, emolument, office, or title of any kind
whatever from any king, queen, prince, or foreign
state
(g) Bail and punishment.―That excessive bail

shall not required, nor excessive fines imposed, nor
cruel and unusual punishment inflicted.
(h) Unreasonable searches.―That the right to be

secured against unreasonable searches and seizures
shall not be violated.
(i) Slavery.―That slavery shall not exist in

saidIslands; nor shall involuntary servitude exist
therein except as a punishment for crime whereof
the party shall have been duly convicted.
(j) Freedom of speech.―That no law shall be

passed abridging the freedom of speech or of the
press, or the right of the people peaceably to
assemble and petition the Government for redress
grievances.
(k) Freedom of religion.―That no law shall be

made respecting an establishment of religion or
prohibiting the free exercise thereof, and that the
free exercise and enjoyment of religious profession
and worship, without discrimination or preference,
shall forever be allowed; and no religious test shall
be required for the exercise of civil or political
rights. No public money or property shall ever be
appropriated, applied, 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.
(l) Poligamy.―Contracting of polygamous or
plural marriages hereafter is prohibited. That no
law shall be construed to permit polygamous or
plural marriages.
(m) How public funds to be spent.―That no money

shall be paid out of the treasury except in
pursuance of an appropriation by law.
(n) Uniform tax.―That the rule of taxation in

saidIslands shall be uniform.
(o) Subject and title of bills.―That no bill which

may be enacted into law shall embrace more than
one subject, and that subject shall be expressed in
the title of the bill.
(p) Warrants of arrest.―That no warrant shall

issue but upon probable cause, supported by oath
or affirmation, and particularly describing the place
to be searched and the person or things to be seized
(q) Special funds.―That all money collected on

any tax levied or assessed for a special purpose
shall be treated as a special fund in the treasury and
paid out for such purpose only.
SECTION 4.―Expenses of Government
That all expenses that may be incurred on account

of the Government of the Philippines for salaries of
officials and the conduct of their offices and
departments, and all expenses and obligations
contracted for the internal improvement or
development of the Islands, not, however,
including defenses, barracks, and other works

undertaken by the United States, shall except as
otherwise specifically provided by the Congress, be
paid by the Government of the Philippines.
SECTION 5.―Inapplicability of American

Statutes
That the statutory laws of the United States

hereafter enacted shall not apply to the Philippine
Islands, except when specifically so provided, or it
is so provided in this Act.
SECTION 6.―Continuance of Philippine Laws
That the laws now in the Philippines shall continue

in force and effect, except as altered, amended, or
modified herein, until altered, amended, or
repealed by the legislative authority herein
provided or by act of Congress of the United
States.
SECTION 7.―Legislative Power to Change

Laws
That the legislative authority herein provided shall

have power, when not inconsistent with this act, by
due enactment to amend, alter, modify, or repeal
any law, civil or criminal continued in force by this
Act as it may from time to time see fit.
This power shall specifically extend with the

limitation herein provided as to the tariff to all laws
relating to revenue and taxation in effect in the
Philippines.
SECTION 8.―General Legislative Power
That general legislative power, except as otherwise

herein provided, is hereby granted to the Philippine
legislature, authorized by this Act.
SECTION 9.―Public Property and Legislation

on Public Domain, Timber and Mining
That all the property and rights which may have

been acquired in the Philippine Islands by the
United States under the treaty of peace with Spain,
signed December tenth, eighteen hundred and
ninety-eight, except such land or other property as
has been or shall be designated by the President of
the United States for military and other
States, and all lands which may have been
subsequently acquired by the Government of the
Philippine Islands by purchase under the provisions
of sections sixty-three and sixty-four of the Act of
Congress approved July first, nineteen hundred and
two, except such as may have heretofore been sold
and disposed of in accordance with the provisions
of said act of Congress, are hereby placed under
the control of the government of said Islands to be

administered or disposed of for the benefit of the
inhabitants thereof, and the Philippine Legislature
shall have power to legislate with respect to all
such matters as it may deem advisable; but acts of
the Philippine Legislature with reference to land of
the public domain, timber, and mining hereafter
enacted, shall not have the force of law until
approved by the President of the United
States:Provided, That upon the approval of such an
act by the Governor-General, it shall be by him
forthwith transmitted to the President of the United
States, and he shall approve or disapprove the same
within six months from and after its enactment and
submission for his approval, and if not disapproved
within such time it shall become a law the same as
if it had been specifically approved: Provided,
further, That where lands in the Philippine Islands
have been or may be reserved for any public
purpose of the United States, and, being no longer
required for the purpose for which reserved, have
been or may be, by order of the President, placed
under the control of the government of said Islands
to be administered for the benefit of the inhabitants
thereof, the order of the President shall be regarded
as effectual to give the government of said Islands
full control and power to administer and dispose of
such lands for the benefit of the inhabitants of said
Islands.
SECTION 10.―Laws on Tariff, Immigration

and Coinage
That while this Act provides that the Philippine

Government shall have the authority to enact a
tariff law the trade relations between the Islands
and the United States shall continue to be governed
exclusively by laws of the Congress of the United
States: Provided, That tariff acts or acts
amendatory to the tariff of the Philippine Islands
shall not become law until they shall receive the
approval of the President of the United States, nor
shall any act of the Philippine Legislature affecting
immigration or the currency or coinage laws of the
Philippines become a law until it has been
approved by the President of the United
States: Provided, further, That the President shall
approve or disapprove any act mentioned in the
foregoing proviso within six months from and after
its enactment and submission for his approval, and
if not disapproved within such time it shall become
a law the same as if it had been specifically
approved.
SECTION 11.―Taxes and Public Debts
That no export duties shall be levied or collected

on, exports from the Philippine Islands, but taxes
and assessments on property, and license fees for
franchises and privileges, and internal taxes, direct
or indirect, may be imposed for the purposes of the

Philippine Government and the provincial and
municipal governments thereof, respectively, as
may be provided and defined by acts of the
Philippine Legislature, and, where necessary to
anticipate taxes and revenues, bonds and other
obligations may be issued by the Philippine
Government or any provincial or municipal
government therein, as may be provided by law
and to protect the public credit: Provided,
however, That the entire indebtedness of the
Philippine Government created by the authority
conferred therein shall not exceed at any one time
the sum of $15,000,000, exclusive of those
obligations known as friar land bonds, nor that of
any province or municipality a sum in excess of
seven per centum of the aggregate tax valuation of
its property at any one time.
SECTION 12.―The Philippine Legislature
That general legislative powers in the Philippines,

except as herein otherwise provided, shall be
vested in a Legislature which shall consist of two
houses, one the Senate and the other the House of
Representatives, and the two houses shall be
designated “the Philippine
Legislature”: Provided, That until the Philippine
Legislature as herein provided shall have been
organized the existing Philippine Legislature shall
have all legislative authority herein granted to the

Government of the Philippine Islands, except such
as may now be within the exclusive jurisdiction of
the Philippine Commission, which is so continued
until the organization of the Legislature herein
provided for the Philippines. When the Philippine
Legislature shall have been organized, the
exclusive legislative jurisdiction and authority
exercised by the Philippine Commission shall
thereafter be exercised by the Philippine
Legislature.
SECTION 13.―Election and Qualification of

Senators
That the members of the Senate of the Philippines,

except as herein provided, shall be elected for
terms of six and three years, as hereinafter
provided, by the qualified electors of the
Philippines. Each of the senatorial districts defined
as hereinafter provided shall have the right to elect
two senators. No person shall be an elective
member of the Senate of the Philippines who is not
a qualified elector and over thirty years of age, and
who is not able to read and write either the Spanish
or English language, and who has not been a
resident of the Philippines for at least two
consecutive years and an actual resident of the
senatorial district from which chosen for a period
of at least one year immediately prior to his

election.
SECTION 14.―Election and Qualifications of

Representatives
That the members of the House of Representatives

shall, except as herein provided, be elected
triennially by the qualified electors of the
Philippines. Each of the representative districts
hereinafter provided for shall have the right to elect
one representative. No person shall be an elective
member of the House of Representatives who is
not a qualified elector and over twenty-five years
of age, and who is not able to read and write either
the Spanish or English language, and who has not
been an actual resident of the district from which
elected for at least one year immediately prior to
his election: Provided,That the members of the
present Assembly elected on the first Tuesday in
June, nineteen hundred and sixteen, shall be the
members of the House of Representatives from
their respective districts for the term expiring in
nineteen hundred and nineteen.
SECTION 15.―Qualifications of Voters
That at the first election held pursuant to this Act,

the qualified electors shall be those having the
qualifications of voters under the present law;
thereafter and until otherwise provided by the

Philippine Legislature herein provided for the
qualifications of voters for senators and
representatives in the Philippines and all officers
elected by the people shall be as follows:
Every male person who is not a citizen or subject

of a foreign power twenty-one years of age or over
(except insane and feeble-minded persons and
those convicted in a court of competent jurisdiction
of an infamous offense since the thirteenth day of
August, eighteen hundred and ninety-eight) who
shall have been a resident of the Philippines for one
year and of the municipality in which he shall offer
to vote for six months next preceding the day of
voting, and who is comprised within one of the
following classes:
(a) Those who under existing law are legal voters

and have exercised the right of suffrage.
(b) Those who own real property to the value of

500 pesos, or who annually pay 30 pesos or more
of the established taxes.
(c) Those who are able to read and write either

Spanish, English, or a native language.
SECTION 16.―Senate and Representative

Districts, and Appointive Senators and
Representatives
That the Philippine Islands shall be divided into

twelve senate districts, as follows:
First district: Batanes, Cagayan, Isabela, Ilocos

Norte, and Ilocos Sur.
Second district: La Union, Pangasinan, and

Zambales.
Third district: Tarlac, Nueva Ecija, Pampanga, and

Bulacan.
Fourth district: Bataan, Rizal, Manila, and Laguna.
Fifth district: Batangas, Mindoro, Tayabas, and

Cavite.
Sixth district: Sorsogon, Albay, and Ambos

Camarines.
Seventh district: Iloilo and Capiz.
Eight district: Negros Occidental, Negros Oriental,

Antique, and Palawan.
Ninth district: Leyte and Samar.
Tenth district: Cebu.
Eleventh district: Surigao, Misamis, and Bohol.
Twelfth district: The Mountain Province, Baguio,

Nueva Vizcaya, and the Department of Mindanao
and Sulu.
The representative districts shall be the eighty-one

now provided by law, and three in the Mountain
Province, one in Nueva Vizcaya, and five in the
Department of Mindanao and Sulu.
The first election under the provisions of this Act

shall be held on the first Tuesday of October,
nineteen hundred and sixteen, unless the Governor-
General in his discretion shall fix another date not
earlier than thirty nor later than sixty days after the
passage of this Act: Provided, That the Governor-
General’s proclamation shall be published at least
thirty days prior to the date fixed for the election,
and there shall be chosen at such election one
senator from each senate district for a term of three
years and one for six years. Thereafter one senator
from each district shall be elected from each senate
district for a term of six years: Provided, That the
Governor-General of the Philippine Islands shall
appoint, without the consent of the Senate and
without restriction as to residence, senators and

representatives who will, in his opinion, best
represent the senate district and those
representative districts which may be included in
the territory not now represented in the Philippine
Assembly: Provided further, That thereafter
elections shall be held only on such days and under
such regulations as to ballots, voting, and
qualifications of electors as may be prescribed by
the Philippine Legislature, to which is hereby given
authority to redistrict the Philippine Islands and
modify, amend, or repeal any provision of this
section, except such as refer to appointive senators
and representatives.
SECTION 17.―Tenure of Senators and

Representatives
That the terms of office of elective senators and

representatives shall be six and three years,
respectively, and shall begin on the date of their
election. In case of vacancy among the elective
members of the Senate or in the House of
Representatives, special elections may be held in
the districts wherein such vacancy occurred under
such regulations as may be prescribed by law, but
senators or representatives elected in such cases
shall hold office only for the unexpired portion of
the term wherein the vacancy occurred. Senators
and representatives appointed by the Governor-
General shall hold office until removed by the

Governor-General.
SECTION 18.―Organization of the Legislature

and Privileges of Members
(a) Control of each house over its members and

proceedings.―That the Senate and House of
Representatives, respectively, shall be the sole
judges of the elections, returns, and qualifications
of their elective members, and each house may
determine the rules of its proceedings, punish its
members for disorderly behavior, and, with the
concurrence of two-thirds, expel an elective
member.
(b) Organization, quorum, and sessions.―Both

houses shall convene at the capital on the sixteenth
day of October next following the election and
organize by the election of a speaker or a presiding
officer, a clerk, and a sergeant-at-arms for each
house, and such other officers and assistants as
may be required. A majority of each house shall
constitute a quorum to do business, but a smaller
number may meet, adjourn from day to day, and
compel the attendance of absent members. The
Legislature shall hold annual sessions,
commencing on the sixteenth day of October, or, if
the sixteenth day of October be a legal holiday,
then on the first day following which is not a legal
holiday, in each year. The Legislature may be

called in special session at any time by the
Governor-General for general legislation, or for
action on such specific subjects as he may
designate. No special session shall continue longer
than thirty days, and no regular shall continue
longer than one hundred days, exclusive of
Sundays.
The Legislature is hereby given the power and

authority to change the date of the commencement
of its annual sessions.2
(c) Compensation and privileges of

members.―The senators and representatives shall
receive an annual compensation for their services,
to be ascertained by law, and paid out of the
treasury of the Philippine Islands. The senators and
representatives shall, in all cases except treason,
felony, and breach of the peace, be privileged from
arrest during their attendance at the session of their
respective houses and in going to and returning
from the same; and for any speech or debate in
either house they shall not be questioned in any
other place.
(d) Disqualifications of members.―No senator or

representative shall, during the time for which he
may have been elected, be eligible to any office the
election to which is vested in the Legislature, nor
shall be appointed to any office of trust or profit

which shall have been created or the emoluments
of which shall have been increased during such
term.
SECTION 19. ― Procedure for Law-Making
(a) Legislative journal and the veto power.―That

each house of the Legislature shall keep a journal
of its proceedings and, from time to time, publish
the same; and the yeas and nays of the members of
either house, on any question, shall, upon demand
of one-fifth of those present, be entered on the
journal, and every bill and joint resolution which
shall have passed both houses shall, before it
becomes a law, be presented to the Governor-
General. If he approve the same, he shall sign it;
but if not, he shall return it with his objections to
that house in which it shall have originated, which
shall enter the objections at large on its journal and
proceed to reconsider it. If, after such
reconsideration, two-thirds of the members elected
to that house shall agree to pass the same, 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
elected to that house it shall be sent to the
Governor-General, who, in case he shall then not
approve, shall transmit the same to the President of
the United States. The vote of each house shall be
by the yeas and nays, and the names of the

members voting for and against shall be entered on
the journal. If the President of the United States
approve the same, he shall sign it and it shall
become a law. If he shall not approve the same, he
shall return it to the Governor-General, so stating,
and it shall not become a law:Provided, That if any
bill or joint resolution shall not be returned by the
Governor-General as herein provided within
twenty days (Sundays excepted) after it shall have
been presented to him the same shall become a law
in like manner as if he had signed it, unless the
Legislature by adjournment prevent its return, in
which case it shall become a law unless vetoed by
the Governor-General within thirty days after
adjournment: Provided, further, That the President
of the United States shall approve or disapprove an
act submitted to him under the provisions of this
section within six months from and after its
enactment and submission for its approval; and if
not approved within such time, it shall become a
law the same as if it had been specifically
approved.
(b) The veto on appropriations.―The Governor-

General shall have the power to veto any particular
item or items of an appropriation bill, but the veto
shall not affect the item or items to which he does
not object. The item or items objected to shall not
take effect except in the manner heretofore
provided in this section as to bills and joint
resolutions returned to the Legislature without his

approval.
(c) Report of laws to Congress.―All laws enacted

by the Philippine Legislature shall be reported to
the Congress of the United States, which hereby
reserves the power and authority to annul the same.
(d) Revisal of former appropriations.―If at the

termination of any fiscal year the appropriations
necessary for the support of Government for the
ensuing fiscal year shall not have been made, the
several sums appropriated in the last appropriation
bills for the objects and purposes therein specified,
so far as the same may be done, shall be deemed to
be reappropriated for the several objects and
purposes specified in said last appropriation bill;
and until the Legislature shall act in such behalf the
treasurer shall, when so directed by the Governor-
General, make the payments necessary for the
purposes aforesaid.
SECTION 20.―The Resident Commissioners
(a) Selection and tenure.―That at the first meeting

of the Philippine Legislature created by this Act
and triennially thereafter there shall be chosen by
the Legislature two Resident Commissioners to the
United States, who shall hold their office for a term
of three years beginning with the fourth day of
March following their election, and who shall be

entitled to an official recognition as such by all
Departments upon presentation to the President of
a certificate of election by the Governor-General of
said Islands.
(b) Compensation.―Each of said Resident

Commissioners shall, in addition to the salary and
the sum in lieu of mileage now allowed by law, be
allowed the same sum for stationery and for the
pay of necessary clerk hires as is now allowed to
the members of the House of Representatives of
the United States, to be paid out of the Treasury of
the United States, and the franking privilege
allowed by law to members of Congress.
(c) Qualifications.―No person shall be eligible to

election as Resident Commissioner who is not a
bona fide elector of said Islands and who does not
owe allegiance to the United States and who is not
more than thirty years of age and who does not
read and write the English language. The present
two Resident Commissioners shall hold office until
the fourth of March, nineteen hundred and
seventeen.
(d) Temporary vacancy.―In case of vacancy in the

position of Resident Commissioner caused by
resignation or otherwise, the Governor-General
may make temporary appointments until the next
meeting of the Philippine Legislature, which shall

then fill such vacancy; but the Resident
Commissioner thus elected shall hold office only
for the unexpired portion of the term wherein the
vacancy occurred.
SECTION 21.―The Governor-General
(a) Title, appointment, residence.―That the

supreme executive power shall be vested in an
executive officer, whose official title shall be “The
Governor-General of the Philippine Islands.” He
shall be appointed by the President, by and with the
advice and consent of the Senate of the United
States, and hold his office at the pleasure of the
President and until his successor is chosen and
qualified. The Governor-General shall reside in the
Philippine Islands during his official incumbency,
and maintain his office at the seat of Government.
(b) Powers and duties.―He shall, unless otherwise

herein provided, appoint, by and with the consent
of the Philippine Senate, such officers as may now
be appointed by the Governor-General, or such as
he is authorized by this Act to appoint, or whom
may hereafter be authorized by law to appoint; but
appointments made while the Senate is not in
session shall be effective either until disapproval or
until the next adjournment of the Senate. He shall

have general supervision and control of all of the
departments and bureaus of the Government in the
Philippine Islands as far as is not inconsistent with
the provisions of this Act, and shall be commander
in chief of all locally created armed forces and
militia. He is hereby vested with the exclusive
power to grant pardons and reprieves and remit
fines and forfeitures, and may veto any legislation
enacted as herein provided. He shall submit within
ten days of the opening of each regular session of
the Philippine Legislature a budget of receipts and
expenditures, which shall be the basis of the annual
appropriation bill. He shall commission all officers
that he may be authorized to appoint. He shall be
responsible for the faithful execution of the laws of
the Philippine Islands of the United States
operative within the Philippine Islands, and
whenever it becomes necessary he may call upon
the commanders of the military and naval forces of
the United States in the Islands, or summon the
posse comitatus, or call out the militia or other
locally created armed forces, to prevent or suppress
lawless violence, invasion, insurrection, or
rebellion; and he may, in case of rebellion or
invasion, or imminent danger thereof, when the
public safety requires it, suspend the privileges of
the writ of habeas corpus, or place the Islands, or
any part thereof, under martial law:Provided, That
whenever the Governor-General shall exercise his
authority, he shall at once notify the President of
the United States thereof, together with the

attending facts and circumstances and the President
shall have power to modify or vacate the act of the
Governor-General.
(c) Report of the Governor-General.―He shall

annually and at such other times as he may be
required make such official report of the
transactions of the Government of the Philippine
Islands to an executive department of the United
States to be designated by the President, and his
said annual report shall be transmitted to the
Congress of the United States; and he shall perform
such additional duties and functions as may in
pursuance of the law be delegated or assigned to
him by the President.
SECTION 22.―The Executive Departments and

the Legislature
(a) Temporary continuance of executive

heads.―That, except as provided otherwise in this
Act, the executive departments of the Philippine
Government shall continue as now authorized by
law until otherwise provided by the Philippine
Legislature. When the Philippine Legislature
herein provided shall convene and organize, the
Philippine Commission, as such, shall cease and
determine, and the members thereof shall vacate
their offices as members of said
Commission: Provided, That the heads of

executive departments shall continue to exercise
their executive functions until the heads of
departments provided by the Philippine Legislature
pursuant to the provisions of this Act are appointed
and qualified.
(b) Legislative powers over the departments, and

limitations of such.―The Philippine Legislature
may thereafter by appropriate legislation increase
the number or abolish any of the executive
departments, or make such changes in the names
and duties thereof as it may see fit, and shall
provide for the appointment and removal of the
heads of the executive departments by the
Governor-General: Provided, That all executive
functions of the Government must be directly
under the Governor-General or within one of the
executive departments under the supervision and
control of the Governor-General
(c) Provisions for a bureau for non-

Christians.―There is hereby established a bureau,
to be known as the Bureau of Non-Christian
Tribes, which said bureau shall be embraced in one
of the executive departments to be designated by
the Governor-General, and shall have general
supervision over the public affairs of the
inhabitants of the territory represented in the
Legislature by appointive senators and

representatives.
SECTION 23.―The Vice-Governor
(a) Appointment and powers; Bureaus of

Education and Health.―That there shall be
appointed by the President, by and with the advice
and consent of the Senate of the United States, a
Vice-Governor of the Philippine Islands, who shall
have all the powers of the Governor-General in the
case in the of a vacancy or temporary removal,
resignation, or disability of the Governor-General,
or in case of his temporary absence; and the said
Vice-Governor shall be the head of the executive
department, known as the Department of Public
Instruction, which shall include the Bureau of
Education and the Bureau of Health, and he may be
assigned such other executive duties as the
Governor-General may designate.
(b) Bureaus under the Department of the

Interior.―Other bureaus now included in the
Department of Public Instruction shall, until
otherwise provided by the Philippine Legislature,
be included in the Department of the Interior.
(c) Succession to the office of Governor-

General.―The President may designate the head
of an executive department of the Philippine
government to act as Governor-General in the case

of a vacancy, the temporary removal, resignation,
or disability of the Governor-General and the Vice-
Governor, or their temporary absence, and the head
of the department thus designated shall exercise all
the powers and perform all the duties of the
Governor-General during such vacancy, disability,
or absence.
SECTION 24.―The Insular Auditor
(a) Appointment, powers, duties.―That there shall

be appointed by the President an Auditor, who
shall examine, audit, and settle all accounts
pertaining to the revenues and receipts from
whatever source of the Philippine Government and
of the provincial and municipal governments of the
Philippines, including trust funds derived from
bond issues; and audit, in accordance with law and
administrative regulations, all expenditures of
funds or Property pertaining to or held in trust by
the Government or the Provinces or municipalities
thereof. He shall perform a like duty with respect
to all Government branches.
He shall keep the general accounts of the

Government and preserve the vouchers pertaining
thereto.
It shall be the duty of the Auditor to bring to the

attention of the proper administrative officer
expenditures of funds or property which, in his
opinion, are irregular, unnecessary, excessive, or
extravagant.
(b) Deputy Auditor and Assistant.―There shall be

a Deputy Auditor appointed in the same manner as
the Auditor. The Deputy Auditor shall sign such
official papers as the Auditor may designate and
perform such other duties as the Auditor may
prescribe, and in case of the death, resignation,
sickness, or other absence of the Auditor from his
office, from any cause, the Deputy Auditor shall
have charge of such office. In case of the absence
from duty, from any cause, of both the Auditor and
the Deputy Auditor, the Governor-General may
designate an assistant, who shall have charge of the
office.
(c) Jurisdiction of Auditor.―The administrative

jurisdiction of the Auditor over accounts, whether
of funds or property, and all vouchers and records
pertaining thereto, shall be exclusive. With the
approval of the Governor-General he shall from
time to time make and promulgate general or
special rules and regulations not inconsistent with
law covering the method of accounting for public
funds and property, and funds and property held in
trust by the Government or any of its
branches:Provided, That any officer accountable

for public funds or property may require such
additional reports or returns from his subordinates
or others as he may deem necessary for his own
information and protection.
(d) Decisions of Auditor.―The decisions of the

Auditor shall be final and conclusive upon the
executive branches of the Government, except that
appeal therefrom may be taken by the party
aggrieved or the head of the department concerned
within one year, in the manner hereinafter
prescribed. The Auditor shall, except as hereinafter
provided, have like authority as that conferred by
law upon the several auditors of the United States
and the Comptroller of the United States Treasury
and is authorized to communicate directly with any
persons having claims before him for settlement, or
with any department, officer, or person having
official relations with his office.
(e) Financial reports.―As soon after the close of

each fiscal year as the accounts of said year may be
examined and adjusted the auditor shall submit to
the Governor-General and the Secretary of War an
annual report of the fiscal concerns of the
Government, showing the receipts and
disbursements of the various departments and
bureaus of the Government and of the various
provinces and municipalities, and make such other
reports as may be required of him by the Governor-

General or the Secretary of War.
(f) Right of investigation.―In the execution of

their duties the Auditor and the Deputy Auditor are
authorized to summon witnesses, administer oaths,
and to take evidence, and, in the pursuance of these
provisions, may issue subpoenas and enforce the
attendance of witnesses, as now provided by law.
(g) Supervision.―The office of the Auditor shall

be under the general supervision of the Governor-
General and shall consist of the Auditor and
Deputy Auditor and such necessary assistants as
may be prescribed by law.
SECTION 25.―Appeal from Auditor’s Decision
(a) Time and form, of appeal.―That any person

aggrieved by the action or decision of the Auditor
in the settlement of his account or claim may,
within one year, take an appeal in writing to the
Governor-General, which appeal shall specifically
set forth the particular action of the Auditor to
which exception is taken with the reason and
authorities relied on for reversing such decision.
(b) Final decision.―If the Governor-General shall

confirm the action of the Auditor, he shall so
indorse the appeal and transmit it to the Auditor,
and the action shall thereupon be final and
conclusive. Should the Governor-General fail to
sustain the action of the Auditor, he shall forthwith
transmit his grounds of disapproval to the Secretary
of War, together with the appeal and the papers
necessary to a proper understanding of the matter.
The decision of the Secretary of War in such case
shall be final and conclusive.
SECTION 26.―The Judiciary
(a) Jurisdiction of courts and appointment of

judges.―That the Supreme Court and the Courts of
First Instance of the Philippine Islands shall
possess and exercise jurisdiction as heretofore
provided and such additional jurisdiction as shall
hereafter be prescribed by law. The municipal
courts of said Islands shall possess and exercise
jurisdiction as now provided by law, subject in all
matters to such alteration and amendment as may
be hereafter enacted by law; and the chief justice
and associate justices of the supreme court shall
hereafter be appointed by the President, by and
with the advice and consent of the Senate of the
United States. The judges of the court of first
instance shall be appointed by the Governor-
General, by and with the advice and consent of the
Philippine Senate: Provided, That the admiralty

jurisdiction of the supreme court and courts of first
instance shall not be changed except by act of
Congress. That in all cases pending under the
operation of existing laws, both criminal and civil,
the jurisdiction shall continue until final judgment
and determination.
SECTION 27.―Cases Appealable to the United

States Supreme Court
That the Supreme Court of the United States shall

have jurisdiction to review, revise, reverse, modify,
or affirm the final judgments and decrees of the
supreme court of the Philippine Islands in all
actions, cases, causes, and proceedings now
pending therein or hereafter determined thereby in
which the Constitution or any statute, treaty, title,
right or privilege of the United States is involved,
or in causes in which the value in controversy
exceeds $25,000, or in which the title or possession
of real estate exceeding in value the sum of
$25,000, to be ascertained by the oath of either
party or of other competent witnesses, is involved
or brought in question; and such final judgments or
decrees may and can be reviewed, revised,
modified, or affirmed by said Supreme Court of the
United States on appeal or writ of error by the
party aggrieved within the same time, in the same
manner, under the same regulation, and by the
same procedure, as far as applicable, as the final

judgments and decrees of the district courts of the
United States.3
SECTION 28.―Franchises
(a) Scope of franchises and power to change

them.―That the Government of the Philippine
Islands may grant franchises and rights, including
the authority to exercise the right of eminent
domain, for the construction and operation of
works of public utility and service, and may
authorize said works to be constructed and
maintained over and across the public property of
the United States, including streets, highways,
squares, and reservations, and over similar property
of the Government of said Islands, and may adopt
rules and regulations under which the provincial
and municipal governments of the Islands may
grant the right to use and occupy such public
property belonging to said provinces or
municipalities:Provided, That no private property
shall be damaged or taken for any purpose under
this section without just compensation, and that
such authority to take and occupy land shall not
authorize the taking, use, or occupation of any land
except such as is required for the actual necessary
purposes for which the franchise is granted, and
that no franchise or right shall be granted to any
individual, firm, or corporation except under the
conditions that it shall be subject to amendment,

alteration, or repeal by the Congress of the United
States, and that lands or right of use and occupation
of lands thus granted shall revert to the
governments by which they were respectively
granted upon the termination of the franchises and
rights under which they were granted or upon the
revocation or repeal.
(b) Conditions on grant of franchise, and

revocation.―That all franchises or rights granted
under this Act shall forbid the issue of stock or
bonds except in exchange for actual cash or for
property at a fair valuation equal to the par value of
the stock or bonds so issued; shall forbid the
declaring of stock or bond dividends, and, in the
case of public service corporations, shall provide
for the effective regulation of the charges thereof,
for the official inspection and regulation of the
books and accounts of such corporations, and for
the payment of a reasonable percentage of gross
earnings into the treasury of the Philippine Islands
or of the province or municipality within which
such franchises are granted and
exercised:Provided, further, That it shall be
unlawful for any corporation organized under this
Act, or for any person, company, or corporation
receiving any grant, franchise, or concession from
the Government of said Islands, to use, employ, or
contract for the labor of persons held in involuntary
servitude; and any person, company, or corporation
so violating the provisions of this Act shall forfeit

all charters, grants, or franchises for doing business
in said Islands, in an action or proceeding brought
for that purpose in any court of competent
jurisdiction by any officer of the Philippine
Government, or on the complaint of any citizen of
the Philippines, under such regulations and rules as
the Philippine Legislature shall prescribe, and in
addition shall be deemed guilty of an offense, and
shall be punished by a fine of not more than
$10,000.
SECTION 29.―Salaries
(a) Funds for salaries.―That, except as in this Act

otherwise provided, the salaries of all the officials
of the Philippines not appointed by the President,
including deputies, assistants, and other employees,
shall be such and be so paid out of the revenues of
the Philippines as shall from time to time be
determined by the Philippine Legislature; and if the
Legislature shall fail to make an appropriation for
such salaries, the salaries so fixed shall be paid
without the necessity of further appropriations
therefor. The salaries of all officers and all
expenses of the offices of the various officials of
the Philippines appointed as herein provided by the
President shall also be paid out of the revenues of
the Philippines
(b) Salaries of certain officers.―The annual

salaries of the following-named officials appointed
by the President and so to be paid shall be: The
Governor-General, $18,000; in addition thereto he
shall be entitled to the occupancy of the buildings
heretofore used by the chief executive of the
Philippines, with the furniture and effects therein,
free of rental; Vice-Governor, $10,000; Chief
Justice of the Supreme Court, $8,000; Associate
Justice of the Supreme Court, $7,500 each;
Auditor, $6,000; Deputy Auditor, $3,000.
SECTION 30.―Salaries of Municipal and

Provincial Officers
That the provisions of the foregoing section shall

not apply to provincial and municipal officials;
their salaries and the compensation of their
deputies, assistants, and other help, as well as all
other expenses insured by the provinces and
municipalities, shall be paid out of the provincial
and municipal revenues in such manner as the
Philippine Legislature shall provide.
SECTION 31.―Continuance of Laws
That all laws or parts of laws applicable to the

Philippines not in conflict with any of the
provisions of this Act are hereby continued in force
and effect.
Approved, August 29, 1916.
--- oOo ---

THE
PHILIPPINE
INDEPENDENCE ACT
(Tydings-McDuffie Law)
[Public Law 73-127]
24 March 1934
An act to provide for the complete independence

of the Philippine Islands, to provide for the
adoption of a constitution and a form of
government for the islands, and for other
purposes.
Convention to Frame Constitution for

Philippine Islands
SECTION 1. The Philippine Legislature is hereby

authorized to provide for the election of delegates
to a constitutional convention, which shall meet in
the hall of the House of Representatives in the
capital of the Philippine Islands, at such time as the
Philippine Legislature may fix, but not later than
October 1, 1934, to formulate and draft a
constitution for the government of the
Commonwealth of the Philippine Islands, subject
to the conditions and qualifications prescribed in

this Act, which shall exercise jurisdiction over all
the territory ceded to the United States by the treaty
of peace concluded between the United States and
Spain on the 10th day of December, 1898, the
boundaries of which are set forth in Article III of
said treaty, together with those islands embraced in
the treaty between Spain and the United States
concluded at Washington on the 7th day of
November, 1900. The Philippine Legislature shall
provide for the necessary expenses of such
convention.
Character of Constitutions —
Mandatory Provisions
SECTION 2. (a) The constitution formulated and

drafted shall be republican in form, shall contain a
bill of rights, and shall, either as a part thereof or in
an ordinance appended thereto,
contain provisions to the effect that, pending the
final and complete withdrawal of the sovereignty
of the United States over the Philippine Islands.
(1) All citizens of the Philippine Islands shall

owe allegiance to the United States.
(2) Every officer of the government of the
Commonwealth of the Philippine Islands shall,
before entering upon the discharge of his
duties, take and subscribes an oath of office,
declaring, among other things, that he

recognizes and accepts the supreme authority
of and will maintain true faith and allegiance to
the United States.
(3) Absolute toleration of religious sentiment
shall be secured and no inhabitant or
religious organization shall be molested in
person or property on account of religious
belief or mode of worship.
(4) Property owned by the United States,
cemeteries, churches, and parsonages or
convents appurtenant thereto, and all lands,
buildings, and improvements used exclusively
for religious, charitable, or educational
purposes shall be exempt from taxation.
(5) Trade relations between the Philippine
Islands and the United States shall be upon the
basis prescribed in section 6.
(6)The public debt of the Philippine Islands and
its subordinate branches shall not exceed limits
now or hereafter fixed by the Congress of the
United States; and no loans shall be contracted
in foreign countries without the approval of the
President of the United States.
(7) The debts, liabilities, and obligations of the
present Philippine Government, its provinces,
municipalities, and instrumentalities, valid and
subsisting at the time of the adoption of the
constitution, shall be assumed and paid by the
new government.
(8) Provision shall be made for the

establishment and maintenance of an adequate
system of public schools, primarily conducted
in the English language.
(9) Acts affecting currency, coinage, imports,
exports, and immigration shall not become law
until approved by the President of the United
States.
(10) Foreign affairs shall be under the direct
supervision and control of the United States.
(11) All acts passed by the Legislature of the
Commonwealth of the Philippine Islands shall
be reported to the Congress of the United
States.
(12) The Philippine Islands recognizes the right
of the United States to expropriate property
for public uses, to maintain military and other
reservations and armed forces in the
Philippines, and, upon order of the President, to
call into the service of such armed forces all
military forces organized by the Philippine
Government.
(13) The decisions of the courts of the
Commonwealth of the Philippine Islands shall
be subject to review by the Supreme Court of
the United States as provided in paragraph 6 of
section 7.
(14) The United States may, by Presidential
proclamation, exercise the right to intervene for
the preservation of the government of the
Commonwealth of the Philippine Islands and
for the maintenance of the government as

provided in the constitution thereof, and for the
protection of life, property,
and individual liberty and for the discharge of
government obligations under and in
accordance with the provisions of the
constitution.
(15) The authority of the United States High
Commissioner to the government of the
Commonwealth of the Philippine Islands, as
provided in this Act, shall be recognized.
(16) Citizens and corporations of the United
States shall enjoy in the Commonwealth of the
Philippine Islands all the civil rights of the
citizens and corporations, respectively, thereof.
(b) The constitution shall also contain the
following provisions, effective as of the date of the
proclamation of the President recognizing the
independence of the Philippine Islands, as
hereinafter provided:
(1) That the property rights of the United States

and the Philippine Islands shall be promptly
adjusted and settled, and that all existing
property rights of citizens or corporations of the
United States shall be acknowledged,
respected, and safeguarded to the same extent
as property rights of citizens of the Philippine
Islands.
(2) That the officials elected and serving
under the constitution adopted pursuant to
the provisions of this Act shall be

constitutional officers of the free
and independentGovernment of the Philippine
Islands and qualified to function in all respects
as if elected directly under such government,
and shall serve their full terms of office
asprescribed in the constitution.
(3) That the debts and liabilities of the
Philippine Islands, its provinces, cities,
municipalities, and instrumentalities, which
shall be valid and subsisting at the time of the
final and complete withdrawal of the
sovereignty of the United States, shall be
assumed by the free
and independent Government of the Philippine
Islands; and that where bonds have been issued
under authority of an Act of Congress of the
United States by the Philippine Islands, or any
province, city, or municipality therein, the
Philippine Government will make adequate
provision for the necessary funds for the
payment of interest and principal, and such
obligations shall be a first lien on the taxes
collected in the Philippine Islands.
(4) That the Government of the Philippine
Islands, on becoming independent of the United
States, will assume all continuing obligations
assumed by the United States under the treaty
of peace with Spain ceding said Philippine
Islands to the United States.
(5) That by way of further assurance the

Government of the Philippine Islands will
embody the foregoing provisions [except
paragraph (2)] in a treaty with the United
States.
Submission of Constitution to the President of

the United States
SECTION 3. Upon the drafting and approval of the

constitution by the constitutional convention in the
Philippine Islands, the constitution shall be
submitted within two years after the enactment of
this Act to the President of the United States, who
shall determine whether or not it conforms with
the provisions of this Act. If the President finds
that the proposed constitution conforms
substantially with the provisions of this Act he
shall so certify to the Governor-General of the
Philippine Islands, who shall so advise the
constitutional convention. If the President finds
that the constitution does not conform with
the provisions of this Act he shall so advise the
Governor-General of the Philippine Islands, stating
wherein in his judgment the constitution does not
so conform and submitting provisions which will in
his judgment make the constitution so conform.
The Governor-General shall in turn submit such
message to the constitutional convention for further
action by them pursuant to the same procedure
hereinbefore defined, until the President and the

constitutional convention are in agreement.
Submission of Constitution to Filipino People
SECTION 4. After the President of the United

States has certified that the constitution conforms
with the provisions of this Act, it shall be
submitted to the people of the Philippine Islands
for their ratification or rejection at an election to be
held within four months after the date of such
certification, on a date to be fixed by the Philippine
Legislature, at which election the qualified voters
of the Philippine Islands shall have an opportunity
to vote directly for or against the proposed
constitution and ordinances appended thereto. Such
election shall be held in such manner as may be
prescribed by the Philippine Legislature, to which
the return of the election shall be made. The
Philippine Legislature shall by law provide for the
canvassing of the return and shall certify the result
to the Governor-General of the Philippine Islands,
together with a statement of the votes cast, and a
copy of said constitution and ordinances. If a
majority of the votes cast shall be for the
constitution, such vote shall be deemed an
expression of the will of the people of the

Philippine Islands in favor of Philippine
independence, and the Governor-General shall,
within thirty days after receipt of the certification
from the Philippine Legislature, issue a
proclamation for the election of officers of the
government of the Commonwealth of the
Philippine Islands provided for in the constitution.
The election shall take place not earlier than three
months nor later than six months after the
proclamation by the Governor-General ordering
such election. When the election of the officers
provided for under the constitution has been held
and the results determined, the Governor-General
of the Philippine Islands shall certify the results of
the election to the President of the United States,
who shall thereupon issue a proclamation
announcing the results of the election, and upon the
issuance of such proclamation by the President the
existing Philippine Government shall terminate and
the new government shall enter upon its rights,
privileges, powers, and duties, as provided under
the constitution. The present Government of the
Philippine Islands shall provide for the orderly
transfer of the functions of government.
If a majority of the votes cast are against the

constitution, the existing Government of the
Philippine Islands shall continue without regard to
the provisions of this Act.
Transfer of Property and Rights to Philippine

Commonwealth
SECTION 5. All the property and rights which

may have been acquired in the Philippine Islands
by the United States under the treaties mentioned
in the first section of this Act, except such land or
other property as has heretofore been designated by
the President of the United States for and other
States, and except such land or other property or
rights or interests therein as may have been sold or
otherwise disposed of in accordance with law, are
hereby granted to the government of the
Commonwealth of the Philippine Islands when
constituted.
Relations with the United States Pending

Complete Independence
SECTION 6. After the date of the inauguration of

the government of the Commonwealth of the
Philippine Islands trade relations between the
United States and the Philippine Islands shall be as
now provided by law, subject to the following
exceptions:
(a) There shall be levied, collected, and paid on all

refined sugars in excess of fifty thousand long tons,
and on unrefined sugars in excess of eight hundred
thousand long tons, coming into the United States

from the Philippine Islands in any calendar year,
the same rates of duty which are required by the
laws of the United States to be levied, collected,
and paid upon like articles imported from foreign
countries.
(b) There shall be levied, collected, and paid on all

coconut oil coming into the United States from the
Philippine Islands in any calendar year in excess of
two hundred thousand long tons, the same rates of
duty which are required by the laws of the United
States to be levied, collected, and paid upon like
articles imported from foreign countries.
(c) There shall be levied, collected, and paid on all

yarn, twine, cord, cordage, rope and cable, tarred or
untarred, wholly or in chief value of Manila
(abaca) or other hard fibers, coming into the United
States from the Philippine Islands in any calendar
year in excess of a collective total of three million
pounds of all such articles hereinbefore
enumerated, the same rates of duty which are
required by the laws of the United States to be
levied, collected, and paid upon like articles
imported from foreign countries.
(d) In the event that in any year the limit in the case
of any article which may be exported to the United
States free of duty shall be reached by the
Philippine Islands, the amount or quantity of such

articles produced or manufactured in the Philippine
Islands thereafter that may be so exported to the
United States free of duty shall be allocated, under
export permits issued by the government of the
Commonwealth of the Philippine Islands, to the
producers or manufacturers of such articles
proportionately on the basis of their exportation to
the United States in the preceding year; except that
in the case of unrefined sugar the amount thereof to
be exported annually to the United States free of
duty shall be allocated to the sugar-producing mills
of the Islands proportionately on the basis of their
average annual production for the calendar years
1931, 1932, and 1933, and the amount of sugar
from each mill which may be so exported shall be
allocated in each year between the mill and the
planters on the basis of the proportion of sugar to
which the mill and the planters are respectively
entitled. The Government of the Philippine Islands
is authorized to adopt the necessary laws and
regulations for putting into effect the allocation
hereinbefore provided.
(e) The government of the Commonwealth of the

Philippine Islands shall impose and collect an
export tax on all articles that may be exported to
the United States from the articles that may be
exported to the United States from the Philippine
Islands free of duty under the provisions of existing
law as modified by the foregoing provisions of this
section including the articles enumerated in

subdivisions (a), (b) and (c), within the limitations
therein specified, as follows:
(1) During the sixth year after the inauguration of

the new government the export tax shall be 5 per
centum of the rates of duty which are required by
the laws of the United States to be levied,
collected, and paid on like articles imported from
foreign countries;
(2) During the seventh year after the inauguration

of the new government the export tax shall be 10
per centum of the rates of duty which are required
by the laws of the United States to be levied,
foreign countries;
(3) During the eighth year after the inauguration of

foreign countries;
(4) During the ninth year after the inauguration of


foreign countries;
(5) After the expiration of the ninth year of the

inauguration of the new government the export tax
shall be 25 per centum of the rates of duty which
are required by the laws of the United States to be
levied collected and paid on like articles imported
from foreign countries.
The government of the Commonwealth of the

Philippine Islands shall place all funds received in
such export taxes in a sinking fund, and such funds
shall, in addition to other moneys available for the
purpose, be applied solely to the payment of the
principal interest on the bonded indebtedness of the
Philippine Islands, provinces, municipalities, and
instrumentalities until such indebtedness has been
fully discharged.
When used in this section in a geographical sense,

the term "United States" includes all Territories
and possessions of the United States, except the
Philippine Islands, the Virgin Islands, American
Samoa, and the island of Guam.
SECTION 7. Until the final and complete

withdrawal of American sovereignty over the
Philippine Islands:
(1) Every duly adopted amendment to the

constitution of the government of the
Commonwealth of the Philippine Islands shall be
submitted to the President of the United States for
approval. If the President approves the amendment
or if the President fails to disapprove such
amendment within six months from the time of its
submission, the amendment shall take effect as a
part of such constitution.
(2) The President of the United States shall have

authority to suspend the taking effect of or the
operation of any law, contract, or executive order
of the government of the Commonwealth of the
Philippine Islands, which in his judgment will
result in a failure of the government of the
Commonwealth of the Philippine Islands to fulfill
its contracts, or to meet its bonded indebtedness
and interest thereon or to provide for its sinking
funds, or which seems likely to impair the reserves
for the protection of the currency of the Philippine
Islands, or which in his judgment will violate
international obligations of the United States.
(3) The Chief Executive of the Commonwealth of

the Philippine Islands shall make an annual report
to the President and Congress of the United States
of the proceedings and operations of the
government of the Commonwealth of the
Philippine Islands and shall make such other

reports as the President or Congress may request.
(4) The President shall appoint, by and with the

advice and consent of the Senate, a United States
High Commissioner to the government of the
Commonwealth of the Philippine Islands who shall
hold office at the pleasure of the President and until
his successor is appointed and qualified. He shall
be known as the United States High Commissioner
to the Philippine Islands. He shall be the
representative of the President of the United States
in the Philippine Islands and shall be recognized as
such by the government of the Commonwealth of
the Philippine Islands, by the commanding officers
of the military forces of the United States, and by
all civil officials of the United States in the
Philippine Islands. He shall have access to all
records of the government or any subdivision
thereof, and shall be furnished by the Chief
Executive of the Commonwealth of the Philippine
Islands with such information as he shall request.
If the government of the Commonwealth of the

Philippine Islands fails to pay any of its bonded or
other indebtedness or the interest thereon when due
or to fulfill any of its contracts, the United States
High Commissioner shall immediately report the
facts to the President, who may thereupon direct
the High Commissioner to take over the customs
offices and administration of the same, administer

the same, and apply such part of the revenue
received therefrom as may be necessary for the
payment of such overdue indebtedness or for the
fulfillment of such contracts. The United States
High Commissioner shall annually, and at such
other times as the President may require, render an
official report to the President and Congress of the
United States. He shall perform such additional
duties and functions as may be delegated to him
from time to time by the President under the
provisions of this Act.
The United States High Commissioner shall

receive the same compensation as is now received
by the Governor-General of the Philippine Islands,
and shall have such staff and assistants as the
President may deem advisable and as may be
appropriated for by Congress, including a financial
expert, who shall receive for submission to the
High Commissioner a duplicate copy of the reports
to the insular auditor. Appeals from decisions of
the insular auditor may be taken to the President of
the United States. The salaries and expenses of the
High Commissioner and his staff and assistants
shall be paid by the United States.
The first United States High Commissioner

appointed under this Act shall take office upon the
inauguration of the new government of the

Commonwealth of the Philippine Islands.
(5) The government of the Commonwealth of the

Philippine Islands shall provide for the selection of
a Resident Commissioner to the United States, and
shall fix his term of office. He shall be the
representative of the government of the
Commonwealth of the Philippine Islands and shall
be entitled to official recognition as such by all
departments upon presentation to the President of
credentials signed by the Chief Executive of said
government. He shall have a seat in the House of
Representatives of the United States, with the right
of debate, but without the right of voting. His
salary and expenses shall be fixed and paid by the
Government of the Philippine Islands. Until a
Resident Commissioner is selected and qualified
under this section, existing law governing the
appointment of Resident Commissioners from the
Philippine Islands shall continue in effect.
(6) Review by the Supreme Court of the United

States of cases from the Philippine Islands shall be
as now provided by law; and such review shall also
extend to all cases involving the constitution of the
SECTION 8. (a) Effective upon the acceptance of

this Act by concurrent resolution of the Philippine
Legislature or by a convention called for that

purpose, as provided in section 17:
(1) For the purposes of the Immigration Act of

1917, the Immigration Act of 1924 [except section
13 (c)], this section, and all other laws of the
United States relating to the immigration,
exclusion, or expulsion of aliens, citizens of the
Philippine Islands who are not citizens of the
United States shall be considered as if they were
aliens. For such purposes the Philippine Islands
shall be considered as a separate country and shall
have for each fiscal year a quota of fifty. This
paragraph shall not apply to a person coming or
seeking to come to the Territory of Hawaii who
does not apply for and secure an immigration or
passport visa, but such immigration shall be
determined by the Department of the Interior on
the basis of the needs of industries in the Territory
of Hawaii.
(2) Citizens of the Philippine Islands who are not

citizens of the United States shall not be admitted
to the continental United States from the Territory
of Hawaii (whether entering such territory before
or after the effective date of this section) unless
they belong to a class declared to be non-
immigrants by section 3 of the Immigration Act of
1924 or to a class declared to be nonquota
immigrants under the provisions of section 4 of
such Act other than subdivision (c) thereof, or

unless they were admitted to such territory under
an immigration visa. The Secretary of Labor shall
by regulations provide a method for such exclusion
and for the admission of such excepted classes.
(3) Any Foreign Service officer may be assigned to

duty in the Philippine Islands, under a commission
as a consular officer, for such period as may be
necessary and under such regulations as the
Secretary of State may prescribe, during which
assignment such officer shall be considered as
stationed in a foreign country; but his powers and
duties shall be confined to the performance of such
of the official acts and notarial and other services,
which such officer might properly perform in
respect to the administration of the immigration
laws if assigned to a foreign country as a consular
officer, as may be authorized by the Secretary of
State.
(4) For the purposed of sections 18 and 20 of the

Immigration Act of 1917, as amended, the
Philippine Islands shall be considered a foreign
country.
(b) The provisions of this section are in addition to

the provisions of the immigration laws now in
force, and shall be enforced as part of such laws,
and all the penal or other provisions of such laws
not applicable, shall apply to and be enforced in

connection with the provisions of this section. An
alien, although admissible under the provisions of
this section, shall not be admitted to the United
States if he is excluded by any provision of the
immigration laws other than this section, and an
alien, although admissible under the provisions of
the immigration laws other than this section, shall
not be admitted to the United States if he is
excluded by any provision of this section.
(c) Terms defined in the Immigration Act of 1924

shall, when used in this section, have the meaning
assigned to such terms in the Act.
SECTION 9. There shall be no obligation on the

part of the United States to meet the interest or
principal of bonds and other obligations of the
Government of the Philippine Islands or of the
provincial and municipal governments thereof,
hereafter issued during the continuance of United
States sovereignty in the Philippine Islands:
Provided, That such bonds and obligations
hereafter issued shall not be exempt from taxation
in the United States or by authority of the United
States.
Recognition of Philippine Independence and

Withdrawal of American Sovereignty
SECTION 10. (a) On the 4th, day of July

immediately following the expiration of a period of
ten years from the date of the inauguration of the
new government under the constitution provided
for in this Act the President of the United States
shall by proclamation withdraw and surrender all
right of possession, supervision, jurisdiction,
control, or sovereignty then existing and exercised
by the United States in and over the territory and
people of the Philippine Islands, including all
military and other reservations of the Government
of the United States in the Philippines (except such
naval reservations and fueling stations as are
reserved under section 5), and, on behalf of the
United States, shall recognize the independence of
the Philippine Islands as a separate and self-
governing nation and acknowledge the authority
and control over the same of the government
instituted by the people thereof, under the
constitution then in force.
(b) The President of the United States is hereby

authorized and empowered to enter into
negotiations with the Government of the Philippine
Islands, not later than two years after his
proclamation recognizing the independence of the
Philippine Islands, for the adjustment and
settlement of all questions relating to naval
reservations and fueling stations of the United
States in the Philippine Islands, and pending such
adjustment and settlement the matter of naval
reservations and fueling stations shall remain in its

present status.
Neutralization of Philippine Islands
SECTION 11. The President is requested, at the

earliest practicable date, to enter into negotiations
with foreign powers with a view to the conclusion
of a treaty for the perpetual neutralization of the
Philippine Islands, if and when the Philippine
independence shall have been achieved.
Notification to Foreign Governments
SECTION 12. Upon the proclamation and

recognition of the independence of the Philippine
Islands, the President shall notify the governments
with which the United States is in diplomatic
correspondence thereof and invite said
governments to recognize the independence of the
Philippine Islands.
Tariff Duties After Independence
SECTION 13. After the Philippine Islands have

become a free and independent nation there shall
be levied, collected, and paid upon all articles
coming into the United States from the Philippine
Islands the rates of duty which are required to be
levied, collected, and paid upon like articles
imported from other foreign countries: Provided,

That at least one year prior to the date fixed in this
Act for the independence of the Philippine Islands,
there shall be held a conference of representatives
of the Government of the United States and the
Government of the Commonwealth of the
Philippine Islands, such representatives to be
appointed by the President of the United States and
the Chief Executive of the Commonwealth of the
Philippine Islands, respectively, for the purpose of
formulating recommendations as to future trade
relations between the Government of the United
States and the independent Government of the
Philippine Islands, the time, place, and manner of
holding such conference to be determined by the
President of the United States; but nothing in this
proviso shall be construed to modify or affect in
any way any provision of this Act relating to the
procedure leading up to Philippine independence or
the date upon which the Philippine Islands shall
become independent.
Immigration After Independence
SECTION 14. Upon the final and complete

withdrawal of American sovereignty over the
Philippine Islands the immigration laws of the
United States (including all the provisions thereof
relating to persons ineligible to citizenship) shall

apply to persons who were born in the Philippine
Islands to the same extent as in the case of other
foreign countries.
Certain Statutes Continued In Force
SECTION 15. Except as in this Act otherwise

provided, the laws now or hereafter in force in the
Philippine Islands shall continue in force in the
Commonwealth of the Philippine Islands until
altered, amended, or repealed by the Legislature of
the Commonwealth of the Philippine Islands or by
the Congress of the United States, and all
references in such laws to the government or
officials of the Philippines or Philippine Islands
shall be construed, insofar as applicable, to refer to
the government and corresponding officials
respectively of the Commonwealth of the
Philippine Islands. The government of the
Commonwealth of the Philippine Islands shall be
deemed successor to the present Government of the
Philippine Islands and of all the rights and
obligations thereof. Except as otherwise provided
in this Act, all laws or parts of laws relating to the
present Government of the Philippine Islands and
its administration are hereby repealed as of the date
of the inauguration of the government of the
SECTION 16. If any provision of this Act is

declared unconstitutional or the applicability
thereof to any person or circumstance is held
invalid, the validity of the remainder of the Act and
the applicability of such provisions to other persons
and circumstances shall not be affected thereby.
Effective Date
SECTION 17. The foregoing provisions of this Act

shall not take effect until accepted by concurrent
resolution of the Philippine Legislature or by a
convention called for the purpose of passing upon
that question as may be provided by the Philippine
Legislature.
Salient provisions of the Tydings-McDuffie Law:
1. The organization of constitutional Convention

that draw up the fundamental law of the land.
2. The election of the leaders of Philippine
Commonwealth
3. The recognition of Philippine independence on
July 4, 1946.
4. The right of United States to establish military
bases in the country
5. Granting the United States president the power
to call on all military forces of the Philippines into
service.
6. Reclassifying all Filipinos as aliens and limiting

immigration to the United Sates to 50 persons per
year.
The Tydings-McDuffie law also specified that
the Philippines would practice neutrality. Meaning,
it could not go to war without permission of the
United States except when it had to protect itself.
The Philippine Legislature ratified the Tydings-

McDuffie law on May 1, 1934. From then on,
Filipinos busied themselves with preparations for
the establishment of the Commonwealth
government.
-- oOo --
1935
CONSTITUTION
OF THE
PHILIPPINES
(Commonwealth of the
Philippines)
CONSTITUTION OF THE PHILIPPINES
The Filipino people, imploring the aid of Divine

Providence, in order to establish a government that
shall embody their ideals, conserve and develop the
patrimony of the nation, promote the general
welfare, and secure to themselves and their
posterity the blessings of independence under a
régime of justice, liberty, and democracy, do
ordain and promulgate this Constitution.
ARTICLE I.—THE NATIONAL TERRITORY
SECTION 1. The Philippines comprises all the

territory ceded to the United States by the treaty of
Paris concluded between the United States and
Spain on the tenth day of December, eighteen
hundred and ninety-eight, the limits of which are
set forth in Article III of said treaty, together with
all the islands embraced in the treaty concluded at
Washington, between the United States and Spain
on the seventh day of November, nineteen hundred,

and in the treaty concluded between the United
States and Great Britain on the second day of
January, nineteen hundred and thirty, and all
territory over which the present Government of the
Philippine Islands exercises jurisdiction.
ARTICLE II.—DECLARATION OF
PRINCIPLES
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 a 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, and adopts the
generally accepted principles of international law
as a part of the law of the Nation.
SECTION 4. The natural right and duty of parents

in the rearing of the youth for civic efficiency
should receive the aid and support of the
Government.
SECTION 5. The promotion of social justice to

insure the well-being and economic security of all
the people should be the concern of the State.
ARTICLE III.—BILL OF RIGHTS
SECTION 1. (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.
(2) Private property shall not be taken for public

use without just compensation.
(3) The right of the people to be secure in their

persons, houses, papers, and effects against
unreasonable searches and seizures shall not be
violated, and no warrants shall issue but upon
probable cause, to be determined 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.
(4) The liberty of abode and of changing the same

within the limits prescribed by law shall not be
impaired.
(5) The privacy of communication and

correspondence shall be inviolable except upon
lawful order of the court or when public safety and

order require otherwise.
(6) The right to form associations or societies for

purposes not contrary to law shall not be abridged.
(7) No law shall be made respecting an

establishment of religion, or prohibiting the free
exercise thereof, and 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.
(8) No law shall be passed abridging the freedom

of speech, or of the press, or the right of the people
peaceably to assemble and petition the Government
for redress of grievances
(9) No law granting a little of nobility shall be

or trust shall, without the consent of the National
Assembly, accept any present, emolument, office,
or title of any kind whatever from any foreign
state.
(10) No law impairing the obligation of contracts

shall be passed.
(11) No ex post facto law or bill of attainder shall

be enacted.
(12) No person shall be imprisoned for debt or

nonpayment of a poll tax.
(13) No involuntary servitude in any form shall

exist except as a punishment for crime whereof the
party shall have been duly convicted.
(14) The privilege of the writ of habeas

corpus shall not be suspended except in cases of
invasion, insurrection, or rebellion, when the public
safety requires it, in any of which events the same
may be suspended wherever during such period the
necessity for such suspension shall exist.
(15) No person shall be held to answer for a

criminal offense without due process of law.
(16) All persons shall before conviction be bailable

by sufficient sureties, except those charged with
capital offenses when evidence of guilt is strong.
Excessive bail shall not be required.
(17) In all criminal prosecutions the accused shall

be presumed to be 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 and public trial, to meet the witnesses face

to face and to have compulsory process to secure
the attendance of witnesses in his behalf.
(18) No person shall be compelled to be a witness

against himself.
(19) Excessive fines shall not be imposed, nor cruel

and unusual punishment inflicted.
(20) No person shall be twice put in jeopardy of

punishment for the same offense. If an cat is
punished by a law and an ordinance, conviction or
acquittal under either shall constitute a bar to
another prosecution for the same act.
(21) Free access to the courts shall not be denied to

any person by reason of poverty.
ARTICLE IV.—CITIZENSHIP
SECTION 1. The following are citizens of the

Philippines:
(1) Those who are citizens of the Philippine

Islands at the time of the adoption of this
Constitution.
(2) Those born in the Philippine Islands of foreign

parents who, before the adoption of this
Constitution, had been elected to public office in
the Philippine Islands.
(3) Those whose fathers are citizens of the

Philippines.
(4) Those whose mothers are citizens of the

Philippines and, upon reaching the age of majority,
elect Philippine citizenship.
(5) Those who are naturalized in accordance with

law.
SECTION 2. Philippine citizenship may be lost or

re-acquired in the manner provided by law.
ARTICLE V.—SUFFRAGE
SECTION 1. Suffrage may be exercised by male

citizens of the Philippines not otherwise
disqualified by law, who are twenty-one years of
age or over and are able to read and write, and who
shall have resided in the Philippines for one year
and in the municipality wherein they propose to
vote for at least six months preceding the election.
The National Assembly shall extend the right of
suffrage to women, if in a plebiscite which shall be
held for that purpose within two years after the
adoption of this Constitution, not less than three

hundred thousand women possessing the necessary
qualifications shall vote affirmatively on the
question.
ARTICLE VI.—LEGISLATIVE
DEPARTMENT
SECTION 1. The Legislative power shall be vested

in a National Assembly. The Members of the
National Assembly shall not exceed one hundred
and twenty, shall be chosen every three years, and
shall be apportioned among the several provinces
as nearly as may be according to the number of
their respective inhabitants, but each province shall
have at least one Member. The National Assembly
shall by law make an apportionment within three
years after the return of every enumeration, and not
otherwise. Until such apportionment shall have
been made, the National Assembly shall consist of
ninety-eight Members, of whom eighty-seven shall
be elected by the representative districts as now
provided by law; and three by
theMountainProvince, and one by each of the other
eight existing special provinces. The Members of
the National Assembly in the provinces of Sulu,
Lanao, and Cotabato shall be chosen as may be
determined by law; in all other provinces they shall
be elected by the qualified voters therein.
SECTION 2. No person shall be a Member of the

National Assembly unless he has been five years a
citizen of the Philippines, is at least thirty years of
age, and, at the time of his election, a qualified
elector, and a resident of the province in which he
is chosen for not less than one year immediately
prior to his election.
SECTION 3. (1) In case of vacancy in the National

Assembly a special election may be called in the
corresponding district, in the manner prescribed by
law, but the member thus elected shall serve only
for the unexpired term.
(2) Elections for the National Assembly shall be

held on the dates fixed by law.
(3) The National Assembly shall convene in

regular session once every year, on the second
Monday of the month immediately following that
on which the election of its Members was held,
unless a different date is fixed by law. The
National Assembly may be called in special session
at any time by the President to consider general
legislation or only such subjects as he may
designate. No special session shall continue longer
than thirty days and no regular session longer than
one hundred days, exclusive of Sundays.
(4) The National Assembly shall choose its

Speaker, a secretary, a sergeant-at-arms, and such
other officers as may be required. A majority of all
the Members 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.
(5) The National Assembly may determine the

rules of its proceedings, punish its Members for
disorderly behavior, and, with the concurrence of
two-thirds, expel a Member. It shall keep a Journal
of its proceedings, and from time to time publish
the same, excepting such parts as may in its
judgment require secrecy; and
the yeas and nays on any question shall, at the
request of the one-fifth of its Members present, be
entered in the Journal.
SEC. 4. There shall be an Electoral Commission

composed of three Justices of the Supreme Court
designated by the Chief Justice, and of six
Members chosen by the National Assembly, three
of whom shall be nominated by the party having
the largest number of votes, and three by the party
having the second largest number of votes therein.
The senior Justice in the Commission shall be its
Chairman. The Electoral Commission shall be the
sole judge of all contests relating to the election,
returns, and qualifications of the Members of the

National Assembly.
SEC. 5. The Members of the National Assembly

shall, unless otherwise provided by law, receive an
annual compensation of five thousand pesos each
including per diems and other emoluments or
allowances and exclusive only of travelling
expenses to and from their respective districts
when attending sessions of the National Assembly.
No increase in said compensation shall take effect
until after the expiration of the full term of the
Members of the National Assembly elected
subsequent to the approval of such increase. The
Speaker of the National Assembly shall receive an
annual compensation of sixteen thousand pesos
until otherwise provided by law.

shall in all cases except treason, felony, and breach
of the peace, be privileged from arrest during their
attendance at the sessions of the National
Assembly, and in going to and returning from the
same; and for any speech or debate therein, they
shall not be questioned in any other place.
SEC. 7. The National Assembly shall elect from

among its Members, on the basis of proportional
representation of the political parties therein, a
Commission on Appointments and a Commission
on Impeachment, each to consist of twenty-one

members. These Commissions shall be constituted
within thirty days after the National Assembly shall
have been organized with the election of its
Speaker, and shall meet only while the National
Assembly is in session, at the call of their
respective Chairmen or a majority of their
members, to discharge such powers and functions
as are herein conferred upon them.
SEC. 8. (1) No Member of the National Assembly

may hold any other office or employment in the
Government without forfeiting his seat, nor shall
any such Member during the time for which he was
elected, be appointed to any civil office which may
have been created or the emoluments whereof shall
have been increased while he was a Member of the
National Assembly.
(2) No Member of the National Assembly shall

directly or indirectly be financially interested in
any contract with the Government or any
subdivision or instrumentality thereof, or in any
franchise or special privilege granted by the
National Assembly during his term of office; nor
shall any such Member appear as counsel before
the Electoral Commission or any court in any civil
case wherein the Government or any sub-division
or instrumentality thereof is the adverse party, or
collect any fee for his appearance in any
administrative proceedings or in any criminal case

wherein an officer or employee of the Government
is accused of an offense committed in relation to
his office. No Member of the Commission on
Appointments of the National Assembly shall
appear as counsel before any court inferior to the
Supreme Court.
SEC. 9. (1) The President shall submit within

fifteen days of the opening of each regular session
of the National Assembly a budget of receipts and
expenditures, which shall be the basis of the
general appropriation bill. The National Assembly
may not increase the appropriations recommended
by the President for the operation of the
Government as specified in the Budget, except the
appropriations for the National Assembly and the
Judicial Department. The form of the Budget and
the information that it should contain shall be
prescribed by law.
(2) No provision or enactment shall be embraced in

the general appropriation, unless it relates
specifically to some particular appropriation in the
bill; and any such provision or enactment shall be
limited in its operation to such appropriation.
SEC. 10. The heads of departments upon their own

initiative or upon the request of the National
Assembly may appear before and be heard by the
National Assembly on any matter pertaining to

their departments, unless the public interest shall
require otherwise and the President shall so state in
writing.
SEC. 11. (1) Every bill which shall have passed the
National Assembly shall, before it becomes a law,
be presented to the President. If he approve the
same, he shall sign it; but if not, he shall return it
with his objections to the National Assembly,
which shall enter the objections at large on its
Journal and proceed to reconsider it. If, after such
reconsideration, two-thirds of all the Members of
the National Assembly shall agree to pass the bill,
it shall become a law. In all such cases the votes of
the National Assembly shall be determined
by yeas and nays, and the names of the Members
voting for and against shall not be returned by the
President as herein provided within twenty days
(Sundays excepted) after it shall have been
presented to him, the same shall become a law in
like manner as if he had signed it, unless the
National Assembly by adjournment prevent its
return, in which case it shall become a law unless
vetoed by the President within thirty days after
adjournment.
(2) The President shall have the power to veto any

particular item or items of an appropriation bill, but
the veto shall not affect the item or items to which
he does not object. When a provision of an

appropriation bill affects one or more items of the
same, the President cannot veto the provision
without at the same time vetoing the particular item
or items to which it relates. The item or items
objected to shall not take effect except in the
manner heretofore provided as to bills returned to
the National Assembly without the approval of the
President. If the veto refers to a bill or any item of
an appropriation bill which appropriates a sum in
excess of ten per centum of the total amount voted
in the appropriation bill for the general expenses of
the Government for the preceding year, or if it
should refer to a bill authorizing an increase of the
public debt, the same shall not become a law unless
approved by three-fourths of all the Members of
the National Assembly.

separate item or items in a revenue or tariff bill,
and the item or items vetoed shall not take effect
except in the manner provided as to bills vetoed by
the President.
SEC. 12. (1) No bill which may be enacted into

law shall embrace more than one subject which
shall be expressed in the title of the bill.
(2) No bill shall be passed or become a law unless

it shall have been printed and copies thereof in its
final form furnished the Members at least three

calendar days prior to its passage by the National
Assembly, except when the President shall have
certified to the necessity of its immediate
enactment. Upon the last reading of a bill no
amendment thereof shall be allowed, and the
question upon its final passage shall be taken
immediately thereafter, and
the yeas and nays entered on the Journal.
SEC. 13. (1) All money collected on any tax levied

for a special purpose shall be treated as 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.
(2) No money shall be paid out of the Treasury

except in pursuance of an appropriation made by
law.
(3) No public money or property shall ever be

appropriated, applied, or used, directly or
religious teacher or dignitary is assigned to the
armed forces or to any penal institution, orphanage,

or leprosarium.
SEC. 14. (1) the rule of taxation shall be uniform.
(2) The National Assembly may by law authorize

the President, subject to such limitations and
restrictions as it may impose, to fix within
specified limits, tariff rates, import or export
quotas, and tonnage and wharfage dues.
(3) Cemeteries, churches, and parsonages or

buildings, and improvements used exclusively for
religious, charitable, or educational purposes shall
be exempt from taxation.
SEC. 15. The National Assembly shall, with the

concurrence of two-thirds of all its Members, have
the sole power to declare war.
SEC. 16. In times of war or other national

emergency, the National Assembly may by law
authorize the President, for a limited period and
subject to such restrictions as it may prescribe, to
promulgate rules and regulations to carry out a
declared national policy.
ARTICLE VII.—EXECUTIVE
DEPARTMENT
SECTION 1. The Executive power shall be vested

in a President of the Philippines.
SEC. 2. The President shall hold his office during a

term of six years, and together with the Vice-
President chosen for the same term, shall be elected
by direct vote of the people. The election returns
for President and Vice-President, duly certified by
the board of canvassers of each province, shall be
transmitted to the National Assembly. Upon the
receipt of such returns the National Assembly shall
forthwith, in public session, count the votes, and
proclaim the persons elected President and Vice-
President. The persons respectively having the
highest number of votes for President and Vice-
President shall be declared elected, but in case two
or more shall have an equal and the highest number
of votes for either office, the National Assembly
shall, by a majority vote of all its Members, elect
one of said persons as President or Vice-President.
SEC. 3. No person may be elected to the office of

President or Vice-President, unless he be a natural-
born citizen of the Philippines, a qualified voter,
forty years of age or over, and has been a resident
of the Philippines for at least ten years immediately
preceding the election.
SEC. 4. No person elected President may be re-

elected for the following term, nor shall the Vice-
President or any other person who may have

succeeded to the office of President as herein
provided at least one year before the election, be
eligible to the office of President at such election.
SEC. 5. Elections for President and Vice-President

shall be held once every six years on a date to be
fixed by the National Assembly.
SEC. 6. The terms of the President and Vice-

President shall end at noon on the thirtieth day of
December following the expiration of six years
after their election, and the terms of their
successors shall begin from such time.
SEC. 7. If, at the time fixed for the beginning of

the term of the President, the President-elect shall
have died, the Vice-President-elect shall become
President. If a President shall not have been chosen
before the time fixed for the beginning of his term,
or if the President-elect shall have failed to qualify,
then the Vice-President shall act as President until
a President shall have qualified, and the National
assembly may by law provide for the case wherein
neither a President-elect nor a Vice-President-elect
shall have qualified, declaring who shall then act as
President, or the manner in which one who is to act
shall be selected, and such person shall act
accordingly until a President or Vice-President
shall have qualified.
SEC. 8. Before he enter on the execution of his

office, the 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 of the Philippines, preserve and

defend its Constitution, executive 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.)
SEC. 9. In the event of the removal of the President

from office or of his death, resignation, or inability
to discharge the powers and duties of the said
office, the same shall devolve on the Vice-
President, and the National Assembly shall by law
provide for the case of removal, death, resignation,
or inability, both of the President and Vice-
President, declaring what officer shall then act as
President, and such officer shall act accordingly,
until the disability be removed or a President shall
be elected.
SEC. 10. The President shall have an official

residence and receive a compensation to be
ascertained by law which shall be neither increased
nor diminished during the period for which he shall
have been elected, and he shall not receive within
that period any other emolument from the

Government or any of its subdivisions or
instrumentalities. Until the National Assembly
shall provide otherwise, the President shall receive
an annual salary of thirty thousand pesos. The
Vice-President, when not acting as President, shall
receive an annual compensation of fifteen thousand
pesos until otherwise provided by law.
SEC. 11. (1) The President shall have control of all

the executive departments, bureaus, or offices,
exercise general supervision over all local
governments as may be provided by law, and take
care that the laws be faithfully executed.
(2) The President 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, or imminent
danger thereof, when the public safety requires it,
he may suspend the privileges of the writ ofhabeas
corpus, or place the Philippines or any part thereof
under martial law.
(3) The President shall nominate and with the

consent of the Commission on Appointments of the
National Assembly shall appoint the heads of the
executive departments and bureaus, officers of the
Army from the rank of colonel, of the Navy and air
forces from the rank of captain or commander, 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; but the National Assembly may by law
vest the appointment of inferior officers, in the
President alone, in the courts, or in the heads of
departments.
(4) The President shall have the power to make

appointments during the recess of the national
Assembly, but such appointments shall be effective
only until disapproval by the Commission on
Appointments or until the next adjournment of the
National Assembly.
(5) The President shall from time to time give to

the National Assembly information of the state of
the Nation, and recommend to its consideration
such measures as shall judge necessary and
expedient.
(6) The President shall have the power to grant

reprieves, commutations, and pardons, and remit
fines and forfeitures, after conviction, for all
offenses, except in cases of impeachment, upon
such conditions and with such restrictions and
limitations as he may deem proper to impose. He
shall have the power to grant amnesty with the
concurrence of the National Assembly.
(7) The President shall have the power, with the

concurrence of a majority of all the Members of the
National Assembly, to make treaties, and with the
consent of the Commission on Appointments, he
shall appoint ambassadors, other public ministers,
and consuls. He shall receive ambassadors and
other ministers duly accredited to the Government
of the Philippines.
SEC. 12. (1) The executive departments of the

present Government of the Philippine Islands shall
continue as now authorized by law until the
National Assembly shall provide otherwise.
(2) The heads of departments and chiefs of bureaus

or offices and their assistants shall not, during their
continuance in office, engage in the practice of any
profession, or intervene, directly or indirectly, in
the management or control of any private
enterprise which in any way may be affected by the
functions of their office; nor shall they, directly or
indirectly, be financially interested in any contract
with the Government, or any subdivision or
instrumentality thereof.
(3) The President may appoint the Vice-President

as a member of his cabinet and also as head of an
executive department.
ARTICLE VIII.—JUDICIAL DEPARTMENT
SECTION 1. The Judicial power shall be vested in

one Supreme Court and in such inferior courts as
may be established by law.
SEC. 2. The National Assembly shall have the

power to define, prescribe, and apportion the
jurisdiction of the various courts, but may not
deprive the Supreme Court of its original
jurisdiction over cases affecting ambassadors, other
public ministers, and consuls, nor of its jurisdiction
to review, revise, reverse, modify, or affirm on
appeal, certiorari, or writ of error, as the law or the
rules of court may provide, final judgments and
decrees of inferior courts in-
(1) All cases in which the constitutionality or

validity of any treaty, law, ordinance, or executive
order or regulation is in question.
(2) All cases involving the legality of any tax,

impost, assessment, or toll, or any penalty imposed
in relation thereto.
(3) All cases in which the jurisdiction of any trial

courts is in issue.
(4) All criminal cases in which the penalty imposed

is death or life imprisonment.
(5) All cases in which an error or question of law is

involved.
SEC. 3. Until the National Assembly shall provide

otherwise, the Supreme Court shall have such
original and appellate jurisdiction as may be
possessed and exercised by the Supreme Court of
the Philippine Islands at the time of the adoption of
this Constitution. The original jurisdiction of the
Supreme Court shall include all cases affecting
ambassadors, other public ministers, and consuls.
SEC. 4. The Supreme Court shall be composed of a

Chief Justice and ten Associate Justices and may
sit either in banc or in two divisions unless
otherwise provided by law.
SEC. 5. The members of the Supreme Court and all

judges of inferior courts shall be appointed by the
President with the consent of the Commission on
Appointments of the National Assembly.
SEC. 6. No person may be appointed member of

the Supreme Court unless he has been five years a
citizen of the Philippines, is 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.
SEC. 7. No judge appointed for a particular district

shall be designated or transferred to another district
without the approval of the Supreme Court. The
National Assembly shall by law determine the
residence of judges of inferior courts.
SEC. 8. The National Assembly shall prescribe the

qualifications of judges of inferior courts, but no
person may be appointed judge of any such courts
unless he is a citizen of the Philippines and has
been admitted to the practice of law in the
Philippines.
SEC. 9. The members of the Supreme Court and all

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. They shall receive such
compensation as may be fixed by law, which shall
not be diminished during the continuance in office.
Until the National Assembly shall provide
otherwise, the Chief Justice of the Supreme Court
shall receive an annual compensation of sixteen
thousand pesos, and each Associate Justice, fifteen
thousand pesos.
SEC. 10. All cases involving the constitutionality

of treaty or law shall be heard and decided by the
Supreme Court in banc, and no treaty or law may
be declared unconstitutional without the
concurrence of two-thirds of all the members of the

Court.
SEC. 11. The conclusions of the Supreme Court in

any case submitted to it for decision shall be
reached in consultation before the case is assigned
to a Justice for the writing of the opinion of the
Court. Any Justice dissenting from a decision shall
state the reasons for his dissent.
SEC. 12. No decision shall be rendered by any

court of record without expressing therein clearly
and distinctly the facts and the law on which it is
based.
SEC. 13. The Supreme Court shall have the power

to promulgate rules concerning pleading, practice,
and procedure in all courts, and the admission to
the practice of law. Said rules shall be uniform for
all courts of the same grade and shall not diminish,
increase, or modify substantive rights. The existing
laws on pleading, practice, and procedure are
hereby repealed as statues, and are declared Rules
of Courts, subject to the power of the Supreme
Court to alter and modify the same. The National
Assembly shall have the power to repeal, alter, or
supplement the rules concerning pleading, practice,
and procedure, and the admission to the practice of
law in the Philippines.
ARTICLE IX.—IMPEACHMENT
SECTION 1. The President, the Vice-President, the

Justices of the Supreme Court, and the Auditor
General, shall be removed from office on
impeachment for, and conviction of, culpable
violation of the Constitution, treason, bribery, or
other high crimes.
SEC. 2. The Commission on Impeachment of the

National Assembly, by a vote of two-thirds of its
Members, shall have the sole power of
impeachment.
SEC. 3. The National Assembly shall have the sole

power to try all impeachments. When sitting for
that purpose the Members shall be on oath or
affirmation. When the President of the Philippines
is on trial, the Chief Justice of the Supreme Court
shall preside. No person shall be convicted without
the concurrence of three-fourths of all the Members
who do not belong to the Commission on
Impeachment.
SEC. 4. Judgment in cases of impeachment shall

not extend further then to removal from office and
disqualification to hold and enjoy any office of
honor, trust, or profit under the Government of the
Philippines, but the party convicted shall
nevertheless be liable and subject to prosecution,

trial, and punishment, according to law.
ARTICLE X.—GENERAL AUDITING
OFFICE
SECTION 1. There shall be a General Auditing

Office under the direction and control of an
Auditor General, who shall hold office for a term
of ten years and may not be reappointed. The
Auditor General shall be appointed by the
President with the consent of the Commission on
Appointments, and shall receive an annual
compensation to Le fixed by law which shall not be
diminished during his continuance in office. Until
the National Assembly shall provide otherwise, the
Auditor General shall receive an annual
compensation of twelve thousand pesos.
SEC. 2. The Auditor General shall examine, audit,

and settle all accounts pertaining to the revenues
and receipts from whatever source, including trust
funds derived from bond issues; and audit, in
accordance with law and administrative
regulations, all expenditures of funds or property
pertaining to or held in trust by the Government or
the provinces or municipalities thereof. He shall
keep the general accounts of the Government and
preserve the vouchers pertaining thereto. It shall be
the duty of the Auditor General to bring to the
attention of the proper administrative officer

expenditures of funds or property which, in his
opinion, are irregular, unnecessary, excessive, or
extravagant. He shall also perform such other
functions as may be prescribed by law.
SEC. 3. The decisions of the Auditor General shall

be rendered within the time fixed by law, and the
same may be appealed to the President whose
action shall be final. When the aggrieved party is a
private person or entity, an appeal from the
decision of the Auditor General may be taken
directly to a court of record in the manner provided
by law.
SEC. 4. The Auditor General shall submit to the

President and the National Assembly an annual
report covering the financial condition and
operations of the Government, and such other
reports as may be required.
ARTICLE XI.—CIVIL SERVICE
SECTION 1. A Civil Service embracing all

branches and subdivisions of the Government shall
be provided by law. 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.
SEC. 2. Officers and employees in the Civil

Service, including members of the armed forces,
shall not engage directly or indirectly in partisan
political activities or take part in any election
except to vote.
SEC. 3. No officer or employee of the Government

shall receive additional or double compensation
unless specifically authorized by law.
SEC. 4. No officer or employee in the Civil Service

shall be removed or suspended except for cause as
provided by law.
ARTICLE XII.—CONSERVATION AND
UTILIZATION OF NATURAL RESOURCES
SECTION 1. All agricultural, timber, and mineral

lands of the public domain, waters, minerals, coal,
petroleum, and other mineral oils, all forces or
potential energy, and other natural resources of the
Philippines belong to the State, and their
disposition, exploitation, development, or
utilization shall be limited to citizens of the
Philippines, or to corporations or associations at
least sixty per centum of the capital of which is
owned by such citizens, subject to any existing
right, grant, lease, or concession at the time of the

inauguration of the Government established under
this Constitution. Natural resources, with the
exception of public agricultural land, shall not be
alienated, and no license, concession, or lease for
the exploitation, development, 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 the development of
water power, in which cases beneficial use may be
the measure and the limit of the grant.
SEC. 2. No private corporation or association may

acquire, lease, or hold public agricultural lands in
excess of one thousand and twenty-four hectares,
nor may any individual acquire such lands by
purchase in excess of one hundred and forty-four
hectares, or by lease in excess of one thousand and
twenty-four hectares, or by homestead in excess of
twenty-four hectares. Lands adapted to grazing, not
exceeding two thousand hectares, may be leased to
an individual, private corporation, or association.
SEC. 3. The National Assembly may determine by

law the size of private agricultural land which
individuals, corporations, or associations may
acquire and hold, subject to rights existing prior to
the enactment of such law.
SEC. 4. The National Assembly may authorize,

upon payment of just compensation, the
expropriation of lands to be subdivided into small
lots and conveyed at cost to individuals.
SEC. 5. Save in cases of hereditary succession, no

private agricultural land shall be transferred or
assigned except to individuals, corporations, or
associations qualified to acquire or hold lands of
the public domain in the Philippines.
SEC. 6. The State may, in the interest of national

welfare and 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.
ARTICLE XIII.—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.
SEC. 2. All public officers and members of the

armed forces shall take an oath to support and
defend the Constitution.
SEC. 3. The National Assembly shall take steps

toward the development and adoption of a common
national language based on one of the existing
native languages. Until otherwise provided by law,
English and Spanish shall continue as official
languages.
SEC. 4. The State shall promote scientific research

and invention. Arts and letters shall be under its
patronage. The exclusive right to writings and
inventions shall be secured to authors and inventors
for a limited period.
SEC. 5. All educational institutions shall be under

the supervision of and subject to regulation by the
State. The Government shall establish and maintain
a complete and adequate system of public
education, and shall provide at least free public
primary instruction, and citizenship training to
adult citizens. All schools shall aim to develop
moral character, personal discipline, civic
conscience, and vocational efficiency, and to teach
the duties of citizenship. Optional religious
instruction shall be maintained in the public
schools as now authorized by law. Universities
established by the State shall enjoy academic
freedom. The State shall create scholarships in arts,
science, and letters for specially gifted citizens.
SEC. 6. The State shall afford protection to labor,

especially to working women and minors, and shall
regulate the relations between landowner and
tenant, and between labor and capital in industry
and in agriculture. The State may provide for
compulsory arbitration.
SEC. 7. 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
SEC. 8. 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 or to corporations or other entities
organized under the laws of the Philippines,
sixty per centum of the capital of which is owned
by citizens of the Philippines, nor shall such
franchise, certificate, or authorization be exclusive
in character or for a longer period than fifty years.
No franchise or right shall be granted to any
individual, firm, or corporation, except under the
condition that it shall be subject to amendment,
alteration, or repeal by the National Assembly
when the public interest so requires.
SEC. 9. The Government shall organize and

maintain a national police force to preserve public
order and enforce the law.
SEC. 10. This Constitution shall be officially

promulgated in English and Spanish, but in case of
conflict the English text shall prevail.
ARTICLE XIV.—AMENDMENTS
SECTION 1. The National Assembly, by a vote of

three-fourths of all its Members, may propose
amendments to this Constitution or call a
convention for that purpose. Such amendments
shall be valid as part of this Constitution when
approved by a majority of the votes cast at an
election at which the amendments are submitted to
the people for their ratification.
ARTICLE XV.—TRANSITORY PROVISIONS
SECTION 1. The first election of the officers

provided in this Constitution and the inauguration
of the Government of the Commonwealth of the
Philippines shall take place as provided in Public
Act Numbered One hundred and twenty-seven of
the Congress of the United States, approved March
twenty-four, nineteen hundred and thirty-four.
SEC. 2. All laws of the Philippine Islands shall

continue in force until the inauguration of the
Commonwealth of the Philippines; thereafter, such
laws shall remain operative, unless inconsistent
with this Constitution, until amended, altered,
modified, or repealed by the National Assembly,
and all references in such laws to the Government
or officials of the Philippine Islands shall be
construed, in so far as applicable, to refer to the
Government and corresponding officials under this
Constitution.
SEC. 3. All courts existing at the time of the

adoption of this Constitution shall continue and
exercise their jurisdiction, until otherwise provided
by law in accordance with this Constitution, and all
cases, civil and criminal, pending in said courts,
shall be heard, tried and determined under the laws
then in force.
SEC. 4. All officers and employees in the existing

Government of the Philippine Islands shall
continue in office until the National Assembly shall
provide otherwise, but all officers whose
appointments are by this Constitution vested in the
President shall vacate their respective offices upon
the appointment and qualification of their
successors, if such appointment is made within a
period of one year from the date of the
inauguration of the Commonwealth of the

Philippines.

for theMountainProvinceshall be elected as may be
provided by law. The voters of municipalities and
municipal districts formerly belonging to a special
province and now forming part of regular
provinces shall vote in the election for Members of
the National Assembly in such districts as may be
provided by law.
SEC. 6. The provisions of this Constitution, except

those contained in this article and in Article V, and
those which refer to the election and qualifications
of officers to be elected under this Constitution,
shall not take effect until the inauguration of the
Commonwealth of the Philippines.
ARTICLE XVI.—SPECIAL PROVISIONS
EFFECTIVE UPON THE PROCLAMATION
OF THE INDEPENDENCE OF THE
PHILIPPINES.
SECTION 1. Upon the proclamation of the

President of the United States recognizing the
independence of the Philippines—
(1) The property rights of the United States and the

Philippines shall be promptly adjusted and settled,
and all existing property rights of citizens or

corporations of the United States shall be
acknowledged, respected, and safeguarded to the
same extent as property rights of citizens of the
Philippines.
(2) The officials elected and serving under this

Constitution shall be constitutional officers of the
free and independent government of the
Philippines and qualified to function in all respects
as if elected directly under such Government, and
shall serve their full terms of office as prescribed in
this Constitution.
(3) The debts and liabilities of the Philippines, its

provinces, cities, municipalities, and
instrumentalities, which shall be valid and
subsisting at the time of the final and complete
withdrawal of the sovereignty of the United States,
shall be assumed by the free and independent
government of the Philippines; and where bonds
have been issued under authority of an Act of
Congress of the United States by the Philippine
Islands, or any province, city, or municipality
therein, the Government of the Philippines will
make adequate provision for the necessary funds
for the payment of interest and principal, and such
obligations shall be a first lien on all taxes
collected.
(4) The Government of the Philippines will assume

all continuing obligations of the United States
under the Treaty of Peace withSpainceding the
Philippine Islands to the United States.
ARTICLE XVII.—THE COMMONWEALTH
AND THE REPUBLIC
SECTION 1. The government established by this

Constitution shall be known as the Commonwealth
of the Philippines. Upon the final and complete
withdrawal of the sovereignty of the United States
and the proclamation of Philippine independence,
the Commonwealth of the Philippines shall
thenceforth be known as the Republic of the
Philippines.
ORDINANCE APPENDED TO THE

CONSTITUTION
SECTION 1. Notwithstanding the provisions of the

foregoing Constitution, pending the final and
complete withdrawal of the sovereignty of the
United States over the Philippines—
(1) All citizens of the Philippines shall owe

allegiance to the United States.
(2) Every officer of the Government of the

Commonwealth of the Philippines shall, before
entering upon the discharge of his duties, take and

subscribe an oath of office, declaring, among other
things, that he recognizes and accepts the supreme
authority of and will maintain true faith and
allegiance to the United States.
(3)Absolute toleration of religious sentiment shall

be secured and no inhabitant or religious
organization shall be molested in person or
property on account of religious belief or mode or
worship.
(4) Property owned by the United States,

cemeteries, churches, and parsonages or convents
appurtenant thereto, and all lands, buildings, and
improvements used exclusively for religious,
charitable, or educational purposes shall be exempt
for taxation.
(5) Trade relations between the Philippines and the

United States shall be upon the basis prescribed in
section six of Public Act Numbered One hundred
and twenty-seven of the Congress of the United
States approved March twenty-four, nineteen
hundred and thirty-four.
(6) The public debt of the Philippines and its

subordinate branches shall not exceed limits now
or hereafter fixed by the Congress of the United
States, and no loans shall be contracted in foreign
countries without the approval of the President of

the United States.
(7) The debts, liabilities, and obligations of the

present Government of the Philippine Islands, its
provinces, municipalities, and instrumentalities,
valid and subsisting at the time of the adoption of
the Constitution, shall be assumed and paid by the
Government of the Commonwealth of the
Philippines.
(8) The Government of the Commonwealth of the

Philippines shall establish and maintain an
adequate system of public schools, primarily
conducted in the English language.
(9) Acts affecting currency, coinage, imports,

exports, and immigration shall not become law
until approved by the President of the United
States.
(10) Foreign affairs shall be under the direct

supervision and control of the United States.
(11) All acts passed by the National Assembly of

the Commonwealth of the Philippines shall be
reported to the Congress of the United States.
(12) The Philippines recognizes the right of the

United States to expropriate property for public
uses, to maintain military and other reservations

and armed forces in the Philippines, and, upon
order of the President of the United States, to call
into the service of such armed forces all military
forces organized by the Government of the
Commonwealth of the Philippines.
(13) The decisions of the courts of the Philippines

shall be subject to review by the Supreme Court of
the United States as now provided by law, and such
review shall also extend to all cases involving the
Constitution of the Philippines.
(14) Appeals from decisions of the Auditor General

may be taken to the President of the United States.
(15) The United States may, by Presidential

proclamation, exercise the right to intervene for the
preservation of the Government of the
Commonwealth of the Philippines and for the
maintenance of the Government as provided in the
Constitution thereof, and for the protection of life,
property, and individual liberty and for the
discharge of Government obligations under and in
accordance with the provisions of the Constitution.
(16) The authority of the United States High

Commissioner to the Government of the
Commonwealth of the Philippines as provided in
Public Act Numbered One hundred and twenty-
seven of the Congress of the United States

approved March twenty-four, nineteen hundred and
thirty-four, is hereby recognized.
(17) Citizens and corporations of the United States

shall enjoy in the Commonwealth of the
Philippines all the civil rights of the citizens and
corporations, respectively, thereof.
(18) Every duly adopted amendment to the

Constitution of the Philippines shall be submitted
to the President of the United States for approval.
If the President approve the amendment or if the
President fail to disapprove such amendment
within six months from the time of its submission,
the amendment shall take effect as a part of such
Constitution.
(19) The President of the United States shall have

authority to suspend the taking effect of or the
operation of any law, contract, or executive order
of the Government of the Commonwealth of the
Philippines, which in his judgment will result in a
failure of the Government of the Commonwealth of
the Philippines to fulfill its contracts, or to meet its
bonded indebtedness and interest thereon or to
provide for its sinking funds, or which seems likely
to impair the reserves for the protection of the
currency of the Philippines, or which in his
judgment will violate international obligations of

the United States.
(20) The President of the Commonwealth of the

Philippines shall make an annual report to the
President and Congress of the United States of the
proceedings and operations of the Government of
the Commonwealth of the Philippines and shall
make such other reports as the President or
Congress may request.
SEC. 2. Pending the final and complete withdrawal

of the sovereignty of the United States over the
Philippines, there shall be a Resident
Commissioner of the Philippines to the United
Stateswho shall be appointed by the President of
the Commonwealth of the Philippines with the
consent of the Commission on Appointments. The
powers and duties of the Resident Commissioner
shall be as provided in section seven, paragraph
five of Public Act Numbered One hundred and
twenty-seven of the Congress of the United States,
approved March twenty-four, nineteen hundred and
thirty-four, together with such other duties as the
National Assembly may determine. The
qualifications, compensation, and expenses of the
Resident Commissioner shall be fixed by law.
SEC. 3. All other provisions of Public Act

Numbered One hundred and twenty-seven of the
Congress of the United States, approved March

twenty-four, nineteen hundred and thirty-four,
applicable to the Government of the
Commonwealth of the Philippines are hereby made
a part of this Ordinance as if such provisions were
expressly interested herein.
I HEREBY CERTIFY that this Constitution was

adopted by the Constitutional Convention on
February 8, 1935.
(Sgd.) CLARO M. RECTO
President, Constitutional Convention
ATTEST:
(Sgd.) N. PIMENTEL
Secretary, Constitutional Convention
--- oOo ---

1943
CONSTITUTION
OF THE
REPUBLIC OF THE
PHILIPPINES
(Japanese Occupation)
PREAMBLE
The Filipino people, imploring the aid of Divine

Providence and desiring to lead a free national
existence, do hereby proclaim their independence,
and in order to establish a government that shall
promote the general welfare, conserve and develop
the patrimony of the Nation, and contribute to the
creation of a world order based on peace, liberty,
and moral justice, do ordain this Constitution.
Article I: The Republic of the Philippines

The government established by this Constitution
shall be known as the Republic of the Philippines.
SEC. 2. The Republic of the Philippines shall

exercise sovereignty over all the national territory
as at present defined by law.
Article II: The Executive
SECTION 1. The Executive power shall be vested

in the President of the Republic of the Philippines.
SEC. 2. The President shall be elected by a

majority of all the members of the National
Assembly at the place and on the date to be fixed
by law.
SEC. 3. No person may be elected President unless

he be a natural-born citizen of the Philippines, is
forty years of age or over, and has been a resident
of the Philippines for at least ten years immediately
preceding the election.
SEC. 4. The President shall hold office during a

term of six years and may not be re-elected for the
following term.
SEC. 5. The term of the President shall end at noon

on the thirtieth day of December following the
expiration of six years after his election, and from
such time the term of his successor shall begin. If
his successor shall not have been chosen before
such time, or if the President-elect shall have failed
to qualify, then the outgoing President shall

continue in office until his successor shall have
been elected and qualified. In the event of the
removal of the President from office or of his
death, resignation, or inability to discharge the
powers and duties of his office, the same shall
devolve on the ranking Minister in the order of
precedence established by law until a new
President shall have been elected for the unexpired
term. In the latter case, the election shall be held
within sixty days after such removal, death,
resignation, or inability.
SEC. 6. Before assuming the duties of his office,

the President shall take the following oath, or
affirmation:

faithfully and conscientiously fulfill my duties as
President of the Republic 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.)
SEC. 7. The President shall have an official

residence and receive such compensation as may
be fixed by law which shall neither be increased
nor diminished during the period for which he shall
have been elected, and he shall not receive within

that period any other emolument from the
government or any of its subdivisions or
instrumentalities.
SEC. 8. The President shall have supervision and

control of all the ministries, bureaus or offices, all
local governments, and all other branches or
instrumentalities of the Executive Department, and
take care that the laws be faithfully executed.
SEC. 9. The President shall be commander-in-chief

of all armed forces of the Republic of the
Philippines and, whenever it becomes necessary,
he may call out such armed forces to prevent or
suppress lawlessness, invasion, insurrection, or
rebellion. In case of invasion, insurrection, or
rebellion, or imminent danger thereof, or when the
public safety so requires, he may suspend the
privilege of the writ of habeas corpus, or place the
Philippines or any part thereof under martial law.
SEC. 10. The President shall appoint the Ministers

and Vice-Ministers, and with the advice of his
Cabinet, shall appoint ambassadors, diplomatic
ministers and consuls, heads of bureaus and
offices, officers of the Army from the rank of
[colonel, of the Navy and of the Air forces from the
rank of] captain or commander, provincial
governors, city and municipal mayors, and all other
officers of the government whose appointments are

not otherwise provided for by law.
SEC. 11. There shall be a Council of State to

advise the President on matters of national policy.
It shall be composed of not more than twenty
members to be appointed by the President from
among citizens who may have rendered
distinguished service to the Nation.
SEC. 12. The President, with the concurrence of

two-thirds of all the members of the National
Assembly, shall have the power to declare war and
make peace, and, with the concurrence of a
majority of all its members, conclude treaties. He
shall receive ambassadors and diplomatic ministers
duly accredited to the Republic of the Philippines.
SEC. 13. The President shall have the power to

grant reprieves, commutations and pardons, and
remit fines and forfeitures, after conviction, for all
offenses, upon such conditions and with such
restrictions and limitations as he may deem proper
to impose. He shall have the power to grant
amnesty with the concurrence of the National
Assembly.
SEC. 14. The President shall from time to time

give to the National Assembly information of the
state of the nation, and recommend to its
consideration such measures as he shall judge

necessary and expedient.
Article III: The Legislature

in the National Assembly.
SEC. 2. The National Assembly shall be composed

of the provincial governors and city mayors as
members ex-officio and of delegates to be elected
every three years, one from each and every
province and chartered city. The date and manner
of their election and the method of filling vacancies
shall be prescribed by law, which shall not be
subjected to change or modification during the
Greater East Asia War.
SEC. 3. No person shall be elected to the National

Assembly unless he has been five years a citizen of
the Philippines, and is at least thirty years of age.
SEC. 4. (1) The National Assembly shall convene

in regular session once every year on a date to be
fixed by law, but no regular session shall continue
longer than sixty days, exclusive of Sundays. It
may also be called in special session by the
President, for such time as he may determine, to
consider general legislation or only such subjects
as he may designate.
(2) The National Assembly shall choose its

Speaker, a secretary, a sergeant-at-arms, and such
other officers as may be required. A majority of all
the members shall constitute a quorum to do
business, but a smaller number may meet 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.
(3) The National Assembly shall be the sole judge

of the election, returns and qualifications of its
elective members, and may determine the rules of
its proceedings, punish its members for disorderly
behavior, and with the concurrence of two-thirds,
expel a member. It shall keep a journal of its
proceedings, and from time to time publish the
same, excepting such parts as may in its judgment
require secrecy, and the yeas and nays on any
question shall, at the request of one-fifth of its
members present, be entered in the journal.
SEC. 5. The Speaker and members of the National

Assembly shall receive such compensation as may
be fixed by law, exclusive of traveling expenses to
and from their respective province or cities in
attending the sessions of the National Assembly.
The National Assembly shall not have the power to
increase the compensation of its Speaker and its
members during their term of office.
SEC. 6. The members of the National Assembly

shall be privileged from arrest during their
attendance at the sessions of the National
Assembly, and in going to and returning from the
same, except when they commit a crime in which
the penalty fixed by law is death or imprisonment
or more than twelve years; and for any speech or
debate therein, they shall not be questioned in any
other place.
SEC. 7. (1) The President shall submit within ten

days of the opening of each regular session of the
National Assembly a budget of receipts and
expenditures which shall be the basis of the general
appropriation bill.
(2) If at the termination of any fiscal year the

appropriations necessary for the support of the
government for the ensuing fiscal year shall not
have been made, the several sums appropriated in
the last appropriation bills shall be deemed to be
reappropriated for the several objects and purposes
therein specified, so far as the same may be done in
the judgment of the President, until the general
appropriation bill shall have been approved.

the general appropriation bill, unless it relates
specifically to some particular appropriation in the
bill; and any such provision or enactment shall be

limited in its operation to such appropriation.
SEC. 8. The Ministers, upon their own initiative or

upon the request of the National Assembly, may
appear before and be heard by the National
Assembly on any matter pertaining to their
ministries, unless the public interest shall require
otherwise and the President shall so state in
writing.
SEC. 9. (1) No bill which shall have passed the

National Assembly shall become a law unless
approved by the President. If he approves the same,
he shall sign it; but if [it] not, he shall return it with
his objections to the National Assembly, which
shall enter the objections at large on its journal and
may proceed to reconsider and reapprove it by a
vote of two-thirds of all its members. In all such
cases the votes of the National Assembly shall be
determined by yeas and nays and the names of the
members voting for and against shall be entered in
the journal. If the President should disapprove the
bill for the second time, the National Assembly
may not during the same session reconsider and
repass the bill. If any bill shall not be returned by
the President as herein provided within twenty days
(Sundays excepted) after it shall have been
presented to him, the same shall become a law in
like manner as if he had signed it, unless the
National Assembly by adjournment prevent its

return, in which case it shall become a law unless
vetoed by the President within forty days after
adjournment.

particular item or items of an appropriation,
revenue or tariff bill, but the veto shall not affect
the item or items to which he does not object.
When a provision of an appropriation bill affects
one or more items of the same, the President
cannot veto the provision without at the same time
vetoing the particular item or items to which it
relates.
SEC. 10. (1) No bill which may be enacted into

law shall embrace more than one subject which
shall be expressed in the title of the bill.
(2) No bill shall be passed or become a law unless

copies thereof in its final form shall have been
furnished the members at least three calendar days
prior to its passage by the National Assembly,
except when the President shall have certified to
the necessity of its immediate enactment. Upon the
last reading of a bill no amendment thereof shall be
allowed; and the question upon its final passage
shall be taken immediately thereafter, and the yeas
and nays entered on the journal.
SEC. 11. (1) 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.
(2) No money shall be paid out of the Treasury

except in pursuance of an appropriation made by
law.
(3) No public money or property shall be

appropriated, applied, 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, orphanage,
or leprosarium.
SEC. 12. (1) The rule of taxation shall be uniform.
(2) The National Assembly may, by law, authorize

the President, subject to such limitations and
restrictions as it may impose, to fix, within
specified limits, tariff rates, import or export
quotas, and tonnage and wharfage duties.
(3) Cemeteries, churches and parsonages or

buildings and improvements used exclusively for
religious, charitable or educational purposes, shall
be exempt from taxation.

emergency, the National Assembly may by law
authorize the President, for a limited period and
promulgate rules and regulations to carry out a
declared national policy.
SEC. 14. When the National Assembly is not in

session, the President may in cases of urgent
necessity, promulgate rules and ordinances which
shall have the force and effect of law until
disapproved by resolution before the end of the
next regular session of the National Assembly.
Article IV: The Judiciary
SECTION 1. The Judicial Power shall be vested in

the Supreme Court and such inferior courts as may
be established by law.
SEC. 2. The National Assembly shall have the

power to define, prescribe, and apportion the
jurisdiction of the various courts, but may not
deprive the Supreme Court of its original
Jurisdiction over cases affecting ambassadors,

diplomatic ministers and consuls, nor of its
jurisdiction to review, revise, reverse, modify, or
affirm on appeal, certiorari, or writ of error, as the
law or the rules of court may provide, final
judgments and decrees of inferior courts in all
cases in which the constitutionality of any law,
ordinance, or executive order or regulation is in
question, or in which the jurisdiction of any court
is in issue or where only errors or questions of law
are involved.
SEC. 3. Unless otherwise provided by law, the

Supreme Court shall be composed of a Chief
Justice and six Associate Justices.
SEC. 4. The members of the Supreme Court shall

be appointed by the President with the advice of
the Cabinet. All judges of inferior courts shall be
appointed by the President with the advice of the
Supreme Court.
SEC. 5. No person may be appointed member of

the Supreme Court unless he be a citizen of the
Philippines, is at least forty years of age and has
been a judge of a court of record or has been
engaged in the practice of law in the Philippines for
at least ten years.
SEC. 6. The National Assembly shall prescribe the

qualifications of judges of the inferior courts but no
person may be appointed judge of any such courts
unless he be a citizen of the Philippines and has
been admitted to the practice of law in the
Philippines.
SEC. 7. The members of the Supreme Court and

good behavior, until they become incapacitated to
discharge the duties of their office. They shall
receive such compensation as may be fixed by law,
which may not be diminished during their
continuance in office except in case of a general
revision of salaries of all officials and employees
of the government.

any case submitted to it for decision shall be
reached in consultation before the case is assigned
to a Justice for the writing of opinion of the court.
Any Justice dissenting from a decision shall state
the reasons for his dissent.
SEC. 9. No law or executive order, ordinance or

regulation may be declared unconstitutional
without the unanimous vote of all the members of
the Supreme Court.
SEC. 10. No decision shall be rendered by any

court of record without expressing therein clearly
and distinctly the facts and the law on which it is
based.
SEC. 11. The Supreme Court shall have the power

to promulgate rules concerning pleading, practice
and procedure in all courts, and the admission to
the practice of law. Said rules shall be uniform for
all courts of the same grade and shall not diminish,
increase or modify substantive rights. All existing
laws on pleading, practice and procedure are
subject to alteration and modification by the
Supreme Court.
Article V: Impeachment
SECTION 1. The President and the Justices of the

Supreme Court shall be removed from office on
violation of the Constitution, treason, bribery, or
other high crimes.
SEC. 2. The National Assembly, by a vote of two-

thirds of all its members, shall have the sole power
of impeachment.
SEC. 3. The Supreme Court shall have the sole

power to try all impeachments. No person shall be
convicted without the concurrence of three-fourths
of all the Justices of the Supreme Court.
SEC. 4. Judgment in cases of impeachment shall

not extend further than to removal from office and
disqualification to hold and enjoy any office of
honor, trust, or profit under the government of the
Republic of the Philippines, but the party convicted
shall nevertheless be liable and subject to
prosecution, trial, and punishment, according to
law.
Article VI: Citizenship

Philippines:
(1) Those who are citizens of the Philippines at the

time of the adoption of this Constitution and their
descendants.

law.
SEC. 2. Philippine citizenship may be lost or

reacquired in the manner provided by law.
Article VII: Duties and Rights of the Citizen
SECTION 1. It is the duty of every citizen to

render personal military and civil service as may be
required by law, to pay taxes and public charges,
and to engage in a useful calling, occupation or
profession.
SEC. 2. 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.
SEC. 3. No law shall be made respecting an

establishment of religion or prohibiting the free
exercise thereof, and no religious test shall be
required for the exercise of civil or political rights.
SEC. 4. No law impairing the obligation of

contracts shall be passed.
SEC. 5. No ex post facto shall be enacted.
SEC. 6. No person shall be imprisoned for debt.
SEC. 7. No involuntary servitude in any form shall

exist except as a punishment for crime whereof the
SEC. 8. The privilege of the writ of habeas corpus

shall not be suspended except in cases of invasion,
insurrection, rebellion, or when the public safety so
requires.
SEC. 9. Private property shall not be taken for

public use without just compensation.
SEC. 10. Free access to the courts or administrative

tribunals shall not be denied to any person by
reason of poverty.
SEC. 11. Subject to such limitations as may be

imposed by law in the interest of peace, morals,
health, safety or public security.
(1) The right to be secure against unreasonable

searches and seizures shall not be violated.
(2) The privacy of communication and

correspondence shall not be invaded.
(3) The right to form associations or societies for

purposes not contrary to law shall not be infringed.
(4) The free enjoyment and practice of religious

profession and worship, without discrimination or
preference, shall not be curtailed.
(5) The liberty of abode and of changing the same

within the limits prescribed by law shall not be
impaired.
(6) The freedom of speech, or of the press, or the

right of the people peaceably to assemble and
petition the government for redress of grievances,
shall not be abridged.
Article VIII: Conservation and Utilization of

Natural Resources
SECTION 1. All agricultural, timber, and mineral

lands of the public domain, waters, minerals, coal,
petroleum, and other mineral oils, all sources of
potential energy, and other natural resources of the
Philippines belong to the State, and their
disposition, exploitation, development, or
utilization shall be limited to citizens of the
Philippines, or to corporations or associations at
least sixty per centum of the capital of which is
owned by such citizens, subject to any existing
right, grant, lease, or concession at the time of the
inauguration of the government established under
this Constitution. Natural resources, with the
exception of public agricultural land, shall not be
alienated, and no license, concession, or lease for
the exploitation, development, or utilization of any
of the natural resources shall be granted for a
period exceeding twenty-five years, renewable for
another twenty-five years, except as to water rights

for irrigation, water supply, fisheries, or industrial
uses other than the development of water power, in
which cases beneficial use may be the measure and
the limit of the grant.
SEC. 2. No private corporation or association may

acquire, lease, or hold public agricultural lands in
excess of one thousand and twenty-four hectares,
nor may any individual acquire such lands by
purchase in excess of one hundred and forty-four
hectares, or by lease of one thousand and twenty-
four hectares, or by homestead in excess of twenty-
four hectares. Lands adapted to grazing, not
exceeding two thousand hectares, may be leased to
an individual, private corporation, or association.
SEC. 3. The National Assembly may determine by

law the size of private agricultural land which
individuals, corporations, or associations may
acquire and hold, subject to rights existing prior to
the enactment of such law.
SEC. 4. The National Assembly may authorize,

expropriation of lands to be subdivided into small
lots and conveyed at cost to individuals.
SEC. 5. No private agricultural land shall be

transferred or assigned except to individuals,
corporations, or associations qualified to acquire or

hold lands of the public domain in the Philippines,
or to persons entitled by law [to inherit in case of
intestate succession].
Article IX: General Provisions
SECTION 1. The flag of the Republic of the

Philippines shall be red, white, and blue, with a sun
and three stars, as consecrated and honored by the
Filipino people.
SEC. 2. The government shall take steps toward

the development and propagation of Tagalog as the
national language.
SEC. 3. There shall be a General Auditing Office

to examine, audit and settle all accounts pertaining
to the revenues, receipts, expenditures of funds and
properties of the government, its subdivisions and
instrumentalities, as well as of such persons or
institutions as may be provided by law.
SEC. 4. A Civil Service embracing all branches

and subdivisions of the government shall be
provided by law. 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.
SEC. 5. All public officers and members of the

armed forces shall take an oath to support and
defend the Constitution.
SEC. 6. No public officer or employee shall

receive additional or double compensation unless
specifically authorized by law.
SEC. 7. Public officers and employees shall not be

engaged in the practice of any profession during
their continuance in office; nor shall they, directly
or indirectly, intervene in the management or
control of any private enterprise which in any way
may be affected by the functions of their office, or
be financially interested in any contract with the
government, or any subdivision or instrumentality
thereof.
SEC. 8. The promotion of social justice to insure

the well-being and economic security of all the
people shall be the concern of the State.
SEC. 9. The State shall promote scientific research

and invention. Arts and letters shall be under its
patronage. The exclusive right to writings and
inventions shall be secured to authors and inventors
for a limited period.
SEC. 10. All educational institutions shall be under

the supervision of and subject to regulation by the
State. The government shall establish and maintain
a complete and adequate system of national
education, and shall provide at least free public
elementary instruction, and citizenship training to
adult citizens. All schools, colleges, and
universities shall aim to develop moral character,
personal and collective discipline, civic conscience,
and vocational skill, secure social efficiency, and
teach the duties of citizenship. Optional religious
instruction shall be maintained in the public
schools as now authorized by law. The State shall
create scholarships in arts, science, and letters for
specially gifted citizens.

especially to working women and minors, and shall
regulate the relations between landowner and
tenant, and between labor and capital in industry
and in agriculture. The State may provide for
compulsory arbitration.

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.
SEC. 13. 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 or to corporations or other entities
organized under the laws of the Philippines, sixty
per centum of the capital of which is owned by
citizens of the Philippines, nor shall such franchise,
certificate, or authorization be exclusive in
character or for a longer period than fifty years. No
franchise or right shall be granted to any
individual, firm or corporation, except under the
alteration, or repeal by the National Assembly
when the public interest so requires.
SEC. 14. The National Assembly shall not, except

by general law, provide for the formation,
unless such corporations are owned or controlled
by the government or any subdivision or
Article X: Amendments
SECTION 1. The National Assembly, by a vote of

two-thirds of all its members, may propose
amendments to this Constitution, but such
amendments shall not be valid as part of the
Constitution unless approved by the people at a

plebiscite or convention especially called for that
purpose and on the date and under conditions to be
prescribed by law.
Article XI: Transitory Provisions
SECTION 1. This Constitution shall be ratified by

the people at a plebiscite or convention especially
called for that purpose. The manner of holding
such plebiscite or convention shall be provided by
law.
SEC. 2. The first National Assembly shall convene

at the place and on the date fixed by law, and
immediately after its organization shall elect the
President of the Republic of the Philippines.
SEC. 3. The existing executive departments of the

Philippine Executive Commission shall continue as
Ministries of the Republic until the National
Assembly shall by law provide otherwise.
SEC. 4. All laws of the Philippines shall continue

in force until the inauguration of the Republic;
thereafter, such laws shall remain operative unless
inconsistent with this Constitution, until amended,
altered, modified or repealed by the National
Assembly, and all references in such laws to the
government or officials of the Philippines or of the
Philippine Executive Commission shall be

construed, in so far as applicable, to refer to the
government and corresponding officials under the
Republic.
SEC. 5. All courts existing at the time of the

adoption of this Constitution shall continue and
exercise their jurisdiction, except in so far as it may
be inconsistent with the provisions of this
Constitution, until otherwise provided by law in
accordance with this Constitution; but all cases,
civil and criminal, pending in said courts shall be
heard, tried and determined under the laws [then in
force].
SEC. 6. All officers and employees of the

government under the Philippine Executive
Commission shall continue in office until the
National Assembly shall provide otherwise; but all
officers whose appointments are by this
Constitution vested in the President shall vacate
their respective offices upon the appointment and
qualification of their successors.
SEC. 7. The prohibitions and limitations provided

for in this Constitution, notwithstanding, the
President of the Republic of the Philippines may
enter into an agreement with any foreign nation for
the utilization of natural resources and the
operation of public utilities, which agreement shall
expire upon the termination of the Greater East

Asia War.
SEC. 8. All property rights and privileges acquired

by any person, entity or corporation, since the
outbreak of the Greater East Asia War, shall be
subject to adjustment and settlement upon the
termination of the said war.
SEC. 9. The provisions of this Constitution, except

those contained in this Article and those which
refer to the election and qualification of officers to
be elected under this Constitution, shall not take
effect until the inauguration of the Republic of the
Philippines.
Article XII: Special Provisions
SECTION 1. Within one year after the termination

of the Greater East Asia War, the National
Assembly shall by law provide for the election by
popular suffrage of delegates to a Constitutional
Convention, which shall meet not later than sixty
days after their election in order to formulate and
adopt a new Constitution which shall become
effective upon its approval by the people at a
plebiscite to be held for the purpose. After such
approval the National Assembly shall forthwith
provide for the election of the officers under the
new Constitution and the inauguration of the

government established thereunder.
-- oOo --
1973
CONSTITUTION
OF THE
REPUBLIC OF THE
PHILIPPINES
[Proclamation No. 1102, 1973]
17 January 1973
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
THE 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
right or legal title, including the territorial sea, the
air space, the subsoil, the sea-bed, the insular
shelves, and the other 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

Sovereignty resides in the people and all
governmental authority emanates from them.
SEC. 2. The defense of the State is a prime duty of

the Government and the people, and in the
fulfillment of this duty all citizens may be required
by law to render personal military or civil service.
SEC. 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.
SEC. 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.
SEC. 5. The State recognizes the vital role of the

youth in the nation-building and shall promote their
physical, intellectual, and social well-being.
SEC. 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.
SEC. 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 by
the people of a decent standard of living.
SEC. 8. Civilian authority is at all times supreme

over the military.

promote full employment and equality in
employment, ensure equal work opportunities
regardless of sex, race, or creed, and regulate the
relations 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.
SEC. 10. The State shall guarantee and promote the

autonomy of local government units, especially the
[barangays ], to ensure their fullest development as
self-reliant communities.
ARTICLE III
CITIZENSHIP

Philippines:

time of the adoption of this Constitution.
(2) Those whose fathers or mothers are citizens of

the Philippines.
(3) Those who elect Philippine citizenship pursuant

to the provisions of the Constitution of nineteen
hundred and thirty-five.

law.
SEC. 2. A female citizen of the Philippines who

marries an alien shall retain her Philippine
citizenship, unless by her act or omission she is
deemed, under the law, to have renounced her
citizenship.
SEC. 3. Philippine citizenship may be lost or

SEC. 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 IV
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.
SEC. 2. Private property shall not be taken for

SEC. 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 for any 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
may be 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.
SEC. 4. (1) The privacy of communication and

correspondence shall be inviolable except upon
lawful order of the court, or when public safety and
order require otherwise.
(2) Any evidence obtained in violation of this or

the preceding section shall be inadmissible for any
purpose in any proceeding.
SEC. 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.
SEC. 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.
SEC. 7. The right to form associations or societies

for purposes not contrary to law shall not be
abridged.
SEC. 8. No law shall be made respecting an

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.
SEC. 9. No law shall be passed abridging the

freedom of speech, or of the press, or the right of
the people peaceably to assemble and petition the
Government for redress of grievances.
SEC. 10. No law granting a title of royalty or

nobility shall be enacted.
SEC. 11. No law impairing the obligation of

SEC. 12. No ex post facto law or bill of attainder

shall be enacted.
SEC. 13. No person shall be imprisoned for debt or

non-payment of a poll tax.
SEC. 14. No involuntary servitude in any form

shall exist except as a punishment for a crime
whereof the party shall have been duty convicted.
SEC. 15. The privilege of the writ of habeas corpus

shall not be suspended except in cases of invasion,
insurrection, rebellion, or imminent danger thereof,
when the public safety requires it.
SEC. 16. All persons shall have the right to a

speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.
SEC. 17. No person shall be held to answer for a

criminal offense without due process of law.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 21. Excessive fines shall not be imposed, nor

cruel or unusual punishment inflicted.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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

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
SECTION 1. The President shall be the head of

state and chief executive of the Republic 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 fifty
years of age on the day of election for President,
and a resident of the Philippines for at least ten
years immediately preceding such election.
SEC. 3. The 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
following the day of the election and shall end at
noon of the same date six years thereafter when the

term of his successor shall begin.
The returns of every election for President, duly

certified by the board of canvassers of each
province or city, shall be transmitted to the Speaker
at the Batasang Pambansa, who shall, not later than
thirty days after the day of the election, and in the
presence of the Batasang Pambansa open all the
certificates, and the votes shall then be counted.
The person having the highest number of votes

shall be proclaimed elected; but in case two or
more shall have an equal and the highest number of
votes, one of them shall forthwith be chosen by a
vote of a majority of all the Members of the
Batasang Pambansa in session assembled.
SEC 4. If, at the time fixed for the beginning of his

term, the President-elect shall have died or shall
have failed to qualify or if the President shall not
have been chosen, the Executive Committee,
headed by the Prime Minister, as hereinafter
provided, shall exercise the powers and discharge
the duties of the President until a President shall
have been elected and qualified. If the Batasang
Pambansa withdraws its confidence in the Prime
Minister, the Speaker shall preside over the
Executive Committee. In the absence of an
Executive Committee, the Speaker of the Batasang
Pambansa shall act as President until a President

shall have been elected and qualified.
In the event of death or failure to qualify as herein

provided, the Batasang Pambansa shall call a
special election in the manner prescribed in Section
7 hereof.
SEC. 5. The President, on assuming office, shall

take the following oath or affirmation:

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, the last sentence is omitted.)
SEC. 6. (1) 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
Batasang Pambansa shall provide otherwise, the
President shall receive an annual salary of one
hundred thousand pesos.
(2) The President shall not, during his tenure, hold

any other 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 any government-
owned or controlled corporation.
SEC. 7. In case of permanent disability, death,

removal from office or resignation of the President,
the Executive Committee headed by the Prime
Minister as hereinafter provided shall exercise the
powers of the President until a President shall have
been elected and qualified. If the permanent
disability, death, removal from office or
resignation of the President occurs earlier than
eighteen (18) months before the expiration of his
term, the Batasang Pambansa shall, within thirty
days from the time the vacancy occurs, call a
special election to be held not earlier than forty-
five days nor later than sixty days from the time of
such call, to elect a President to serve the
unexpired term.
In the absence of an Executive Committee, the

Speaker shall act as President until the President
shall have been elected and qualified.
SEC. 8. The President shall have control of the

ministries.
SEC. 9. The President 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, insurrection, 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.
SEC. 10. The President 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 otherwise
provided for, those whom he may be authorized by
law to appoint. However, the Batasang Pambansa
may by law vest in the Prime Minister, members of
the Cabinet, the Executive Committee, courts,
heads of agencies, commissions, and boards the
power to appoint inferior officers.
SEC. 11. The President may, except in cases of

impeachment, grant reprieves, commutations and
pardons, remit fines and forfeitures and, with the
concurrence of the Batasang Pambansa, grant

amnesty.
SEC. 12. The President 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.
SEC. 13. The President shall formulate the

guidelines of national policy.
SEC. 14. The President shall address the Batasang

Pambansa at the opening of its regular session. He
may also appear before it at any other time.
SEC. 15. The President shall be immune from suit

during his tenure. Thereafter, no suit whatsoever
shall lie for official acts done by him or by others
pursuant to his specific orders during his tenure.
The immunities herein provided shall apply to the

incumbent President referred to in Article XVII of
this Constitution.
SEC. 16. All powers vested in the President of the

Philippines under the 1935 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 President unless the
Batasang Pambansa provides otherwise.
ARTICLE VIII
BATASANG PAMBANSA

in a Batasang Pambansa.
SEC. 2. The Batasang Pambansa which shall be

composed of not more than 200 Members unless
otherwise provided by law, shall include
representatives elected from the different regions
of the Philippines, those elected or selected from
various sectors as may be provided by law, and
those chosen by the President from the members of
the Cabinet. Regional representatives shall be
apportioned among the regions in accordance with
the number of their respective inhabitants and on
the basis of a uniform and progressive ratio.
The number of representatives from each region

and the manner of their election shall be prescribed
by law. The number of representatives from each
sector and the manner of their election or selection
shall be prescribed by law.
SEC. 3. (l) The Members of the Batasang

Pambansa shall have 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.
(2) In case the Batasang Pambansa is dissolved, the

newly elected Members shall serve the unexpired
portion of the term from the time the President
convokes the Assembly, which shall not be later
than thirty days immediately following their
election.
SEC. 4. No person shall be a Member of the

Batasang Pambansa as a regional representative
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 Region 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.
A sectoral representative shall be a natural-born

citizen, able to read and write, and shall have such
other qualifications as may be provided by law.
SEC. 5. (1) The regular election of the Members of

the Batasang Pambansa shall be held on the second
Monday of May 1984 and every six years
thereafter.
(2) In case a vacancy arises in the Batasang

Pambansa eighteen months 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 to elect the Member to

serve the unexpired term.
SEC. 6. The Batasang Pambansa 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. However, it
may be called to session at any time by the
President to consider such subjects or legislation as
he may designate;
SEC. 7. (1) The Batasang Pambansa 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.
(2) A majority of all the Members of the Batasang

Pambansa 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
Batasang Pambansa may provide.
(3) The Batasang Pambansa 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, but if the penalty is suspension, this shall
not exceed sixty days.
(4) The Batasang Pambansa shall keep a Journal of

its proceedings, and from time to time publish the
same, excepting such parts as may, in its judgment,
effect 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.
SEC. 8. (1) Unless otherwise provided by law, each

Member of the Batasang Pambansa shall receive an
annual salary of sixty thousand pesos. The Speaker
of the Batasang Pambansa 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 Batasang
Pambansa approving such increase.
(2) The records and books of accounts of the

Batasang Pambansa 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 expendi tures for
each Member.
SEC. 9. A Member of the Batasang Pambansa

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 Batasang
Pambansa shall surrender the Member involved to
the custody of the law within twenty-four hours
after its adjournment for a recess or for its next

session, otherwise such privilege shall cease upon
its failure to do so. A Member shall not be
questioned nor be held liable in any other place for
any speech or debate in the Batasan or in any
committee thereof.
SEC. 10. A Member of the Batasang Pambansa

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, Deputy Prime
Minister, Member of the Cabinet or the Executive
Committee, or Deputy Minister. Neither shall he,
during the term for which he was elected, be
appointed to any civil office which may have been
created or the emoluments thereof increased while
he was a Member of the Batasang Pambansa.
SEC. 11. No Member of the Batasang Pambansa

shall appear as counsel before any court without
appellate jurisdiction, before any court in any civil
case wherein the Government, or any subdivision,
agency, or instrumentality thereof is the adverse
party, or in any criminal case wherein any officer
or employee of the Government is accused of an
offense committed in relation to his office, 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
accept employment to intervene in any cause or
matter where he may be called to act on account of
his office.
SEC. 12. (1) There shall be a question hour at least

once a month or as often as the Rules of the
Batasang Pambansa may provide, which shall be
included in its agenda, during which the Prime
Minister, the Deputy Prime Minister or any
Minister may be required to appear and answer
questions and interpellation by Members of the
Batasang Pambansa. 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 President
so states in writing, the question hour shall be
conducted in executive session.
(2) The Batasang Pambansa 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. or affected by such inquiries shall be respected.
SEC. 13. (1) The Batasang Pambansa may

withdraw its confidence from the Prime Minister
by a majority vote of all its Members. The motion
for a vote of no confidence shall be calendared for
debate if it is signed by at least one-fifth of the
Members of the Batasang Pambansa. No such
motion shall be debated and voted upon until after
the lapse of seven days after its submission.
Within ten days from receipt of the written advice

of the approval of the motion of no confidence, the
President may submit a nominee for a Prime
Minister to be elected by the Batasang Pambansa.
(2) The Prime Minister may advise the President in

writing to dissolve the Batasang Pambansa
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 may dissolve the
Batasang Pambansa not earlier than seven nor later
than fourteen days from his receipt of the advice,
and call for an election on a date set by him which
shall not be earlier than forty-five nor later than
sixty days from the date of such dissolution.
However, no dissolution of the Batasang Pambansa
shall take place within eighteen months
immediately preceding a regular election of the

Batasang Pambansa or within eighteen months
immediately following such election, or during the
pendency of impeachment proceedings against the
President, or when the powers of the President are
exercised by the Executive Committee or the
Speaker. The Batasang Pambansa shall not be
dissolved oftener than once every twelve (12)
months.
SEC. 14. (1) Except as otherwise provided in this

Constitution, no treaty shall he valid and effective
unless concurred in by a majority of all the
Members of the Batasang Pambansa.
(2) The Batasang Pambansa, by a vote of two-

thirds of all its Members, shall have the sole power
to declare the existence of a state of war.

emergency, the Batasang Pambansa may by law
authorize the President for a limited period and
exercise powers necessary and proper to carry out a
declared national policy. Unless sooner withdrawn
by resolution of the Batasang Pambansa, such
powers shall cease upon its next adjournment.
SEC. 16. (1) The Prime Minister shall submit to the

Batasang Pambansa 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.

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 Batasang Pambansa 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 to
by the National Treasurer, or to be raised by a
corresponding revenue proposal included therein.
(5) No law shall be passed authorizing any transfer

of appropriations; however, the President, 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 savings in other
items of their respective appropriations.
(6) If, by the end of any fiscal year, the Batasang

Pambansa 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 Batasang Pambansa.
SEC. 17. (1) The rule of taxation shall be uniform

and equitable. The Batasang Pambansa shall evolve
a progressive system of taxation.
(2) The Batasang Pambansa 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.
(3) Charitable institutions, churches, parsonages 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.
(4) No law granting any tax exemption shall be

passed without the concurrence of a majority of all
the Members of the Batasang Pambansa.
SEC. 18 (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 ever be

appropriated, applied, paid, or used, directly or
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.
SEC. 19. (1) Every bill shall embrace only one

subject which shall be expressed in the title thereof.
(2) No 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.
SEC. 20. (1) Every bill passed by the Batasang

Pambansa 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 Batasang
Pambansa. The bill may be reconsidered by the
Batasang Pambansa and, if approved by two-thirds
of all its Members, shall become a law. The
President shall act on every bill passed by the
Batasang Pambansa within thirty days after the
date of receipt thereof; otherwise it shall become a
law as if he had signed it.

particular item or items in an appropriation,
revenue, or tariff bill, but the veto shall not affect
ARTICLE IX
THE PRIME MINISTER, THE CABINET
AND THE EXECUTIVE COMMITTEE
SECTION 1 There shall be a Cabinet which shall

be composed of Ministers with or without portfolio
appointed by the President. At least a majority of
the Members of the Cabinet who are heads of

ministries shall come from the Regional
Representatives of the Batasang Pambansa.
The Prime Minister shall be the head of the

Cabinet. He shall, upon the nomination of the
President from among the Members of the
Batasang Pambansa, be elected by a majority of all
the Members thereof.
SEC. 2. The Prime Minister and the Cabinet shall

be responsible to the Batasang Pambansa for the
program of government approved by the President.
SEC. 3. There shall be an Executive Committee to

be designated by the President, composed of the
Prime Minister as Chairman, and not more than
fourteen other members, at least half of whom shall
be Members of the Batasang Pambansa. The
Executive Committee shall assist the President in
the exercise of his powers and functions and in the
performance of his duties as he may prescribe.
The Members of the Executive Committee shall

have the same qualifications as those of the
Members of the Batasang Pambansa.
SEC. 4. The term of office of the Prime Minister

shall commence from the date of his election by the
Batasang Pambansa and shall end on the date that
the nomination of his successor is submitted by the

President to the Batasang Pambansa. Any other
member of the Cabinet or the Executive Committee
may be removed at the discretion of the President.
SEC. 5. (1) The President may nominate from

among the Members of the Batasang Pambansa a
Deputy Prime Minister who shall be elected by a
majority of the Members thereof. The Deputy
Prime Minister shall perform such functions as
may be assigned to him by the Prime Minister.
(2) The President 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.
SEC. 6. The Prime Minister, Deputy Prime

Minister, the Members of the Cabinet, and the
Members of the Executive Committee, on
assuming office, shall take the following oath or
affirmation:
‘I do solemnly swear (or affirm) that I will

(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.)
SEC. 7. The salaries and emoluments of the Prime

Minister, Deputy Prime Minister, Members of the
Cabinet and of the Executive Committee 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.
SEC. 8. The Prime Minister, the Members of the

Cabinet and the Members of the Executive
Committee, shall be subject to the provisions of
Section 11, Article VIII hereof and may not appear
as counsel before any court or administrative body,
or manage any business, or practice any profession,
and shall also be subject to such other
disqualifications as may be provided by law.
SEC. 9. The Prime Minister, Deputy Prime

Minister, any Member of the Cabinet or the
Executive Committee may resign for any cause
without vacating his seat as Regional or Sectoral
Representative in the Batasang Pambansa, or any
other government position.
SEC. 10. The Prime Minister shall have

supervision of all ministries.
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 hereof.
SEC. 2. (1) The Supreme Court shall be composed

of a Chief Justice and fourteen Associate Justices.
It may sit en banc or in two divisions.
(2) 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.
(3) 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 division may be
modified or reversed except by the Court sitting en

banc.
SEC. 3. (l) 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.
(2) 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.
SEC. 4. The Members of the Supreme Court and

judges of inferior courts shall be appointed by the
President.
SEC. 5. The Supreme Court shall have the

following powers:
(1) Exercise original jurisdiction over cases

affecting ambassadors, other public ministers, and
consuls, and over petitions for certiorari,
prohibition, mandamus quo warranto, and habeas
corpus.
(2) 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–
(a) All cases in which the constitutionality or

validity of any treaty, executive agreement, law,
ordinance, or executive order or regulation is in
question.
(b) All cases involving the legality of any tax,

(c) All cases in which the jurisdiction of any

inferior court is in issue.
(d) All criminal cases in which the penalty imposed

is death or life imprisonment.
(e) All cases in which only an error or question of

law is involved.
(3) Assign temporarily judges of inferior courts to

other stations as public interest may require. Such
temporary assignment shall not last longer than six
mouths without the consent of the judge concerned.
(4) Order a change of venue or place of trial to

avoid a miscarriage of justice.
(5) 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.
(6) Appoint its officials and employees in

accordance with the Civil Service Law.
SEC. 6. The Supreme Court shall have

administrative supervision over all courts and the
personnel thereof.
SEC. 7. The Members of the Supreme Court and

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.

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 the
opinion of the Court. Any Member dissenting from
a decision shall state the reasons for his dissent.
The same requirements shall be observed by all
inferior collegiate courts.
SEC. 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.
SEC. 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 the
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.
SEC.11.(1) 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, and, unless reduced by the
Supreme Court, twelve months for all inferior
collegiate courts, and three months for all other

inferior courts.
(2) 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.
SEC. 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.
SEC. 2. The Batasang Pambansa shall enact a local

government code which may not thereafter be
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.
SEC. 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.
SEC. 4. (1) Provinces with respect to component

cities and municipalities, and 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.
(2) Local government units may group themselves,

or consolidate or coordinate their efforts, services,
and resources for purposes commonly beneficial to
them.
SEC. 5. Each local government unit shall have the

power to create its own sources of revenue and to
levy taxes, subject to such 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.
SEC. 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.
SEC. 3. No Member of a 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.
SEC. 4. The Constitutional Commissions shall

appoint their officials and employees in accordance
with the Civil Service Law.
B. THE CIVIL SERVICE COMMISSION
SECTION 1. (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 President 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.
(2) The Commission shall, subject to such

limitations as may be provided by law, establish a
career service and adopt measures to promote
morale, efficiency, and integrity in the Civil
Service.
SEC. 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.
SEC. 3. No officer or employee in the Civil Service

shall be suspended or dismissed except for causes
as provided by law.
SEC. 4. (1) Unless otherwise provided by law, no

elective official shall be eligible for appointment to
any office or position during his tenure, except as
Member of the Executive Committee referred to in
Section 3, Article IX, hereof.
(2) No candidate who lost in 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.
SEC. 5. No officer or employee in the Civil

Service, inc1uding members of the armed forces,
shall engage directly or indirectly in any partisan
political activity or take part in any election except
to vote.
SEC. 6. The Batasang Pambansa shall provide for

the standardization of compensation of government
officials and employees, including those in
government-owned or 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. (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 a 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.
(2) The Chairman and the Commissioners shall be

Commissioners first appointed, three shall hold
office for seven years, three for five years, and the
last three for three years. Appointment to any
SEC. 2. The Commission on Elections shall have

the following powers and functions:
(1) Enforce and administer all laws relative to the

conduct of elections.
(2) Be the sole judge of all contests relating to the

elections, returns, and qualifications of all
Members of the Batasang Pambansa and elective
provincial and city officials.
(3) 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.
(4) Deputize, with the consent or at the instance of

the President, 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.
(5) Register and accredit political parties subject to

the provisions of Section eight hereof.
(6) Recommend to the Batasang Pambansa

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.
(7) Submit to the President, the Prime Minister,

and the Batasang Pambansa a report on the conduct
and manner of each election.
(8) Perform such other functions as may be

provided by law.
SEC. 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 Batasang Pambansa,

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.
SEC. 4. The Commission may recommend to the

President 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.
SEC. 5. The enjoyment or utilization of all

franchises or permits for the operation of
transportation and other public utilities, media of
communication or information, 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.
SEC. 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.
SEC. 7. No pardon, parole or suspension of

sentence for violation of the law or rules and
regulations concerning elections shall be granted
without the recommendation of the Commission.
SEC. 8. The political parties whose respective

candidates for President have obtained the first and
second highest number of votes in the last
preceding election for President under this
Constitution shall be entitled to accredition if each
has obtained at least ten percent (10%) of the total
number of votes cast in such election. If the
candidates for President obtaining the two highest
number of votes do not each obtain at least ten
percent (10%) of the total number of votes cast, or
in case no election for President shall as yet have
been held, the Commission on Elections shall grant
accredition to political parties as may be provided
by law;
No religious sect shall be registered as a political

party, and no political party which seeks to achieve
its goal through violence shall be entitled to
accredition.
SEC. 9. (1) Bona fide candidates for any public

office shall be free from any form of harassment
and discrimination.
(2) Accredited political parties shall be represented

in the registration board, board of election
inspectors, board of canvassers, or other similar
bodies as may be provided by law.
Accredited political parties may by law be granted

other rights or privileges.
SEC. 10. No elective public officer may change his

political affiliation during his term of office, and no
candidate for any elective office may change his
political party affiliation within six months
immediately preceding or following an election,
unless otherwise provided by law.
SEC. 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. COMMISION ON AUDIT
SECTION 1. (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.

Commissioners first. appointed, one shall hold
office for seven years, another for five years, and
the third for three years. Appointment to any
SEC. 2. The Commission on Audit shall have the

following powers and functions:
(1) 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 or 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 uses of funds and
property.
(2) 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 thirty days from his receipt of a copy
thereof.
(3) Submit to the President, the Prime Minister,

and the Batasang Pambansa, within the time fixed
by law, an annual financial report of the
Government, its subdivisions, agencies, and
instrumentalities, including government-owned or
controlled corporations, and recommend measures
necessary to improve their efficiency and
effectiveness. It shall submit such other reports as
may be required by law.
(4) 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.
SEC. 2. The President, the Members 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.
SEC. 3. The Batasang Pambansa shall have the

exclusive power to initiate, try, and decide all cases
of impeachment. Upon the filling of a verified
complaint, the Batasang Pambansa 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 Batasang Pambansa
sits in impeachment cases, its Members shall be on
oath or affirmation.
SEC. 4. Judgments 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
SEC. 5. The Batasang Pambansa 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.
SEC. 6. The Batasang Pambansa 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 Batasang Pambansa shall

establish a National economic and Development
Authority, to be headed by the President, which
shall recommend to the Batasang Pambansa, 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.
SEC. 2. The State shall regulate or prohibit private

monopolies when the public interest so requires.
No combination in restraint of trade or unfair
competition shall be allowed.
SEC. 3. The Batasang Pambansa 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.
SEC. 4. The Batasang Pambansa shall not, except

by general law, provide for the formation;
unless such corporations are.owned or controlled
by the Government or any subdivision or
SEC. 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
organized under the laws 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 than 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 in by the Batasang
Pambansa 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.

welfare or defense, establish and operate industries
and means of transportation and communications,
and, upon payment of just compensation, transfer
to public ownership utilities and other private
enterprises to be operated by the Government.
SEC. 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.
SEC. 8. All lands of the 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, and
resettlement lands of the.public domain, natural
resources shall not be alienated, and no license,
concession, or lease for the exploration,
development, exploitation, or utilization of any of
the natural resources shall be granted for a period
exceeding twenty-five years, renewable for not
more than twenty-five years, except as to water
rights for irrigation, water supply, fisheries, or
industrial uses other than the development of water
power, in which cases, beneficial use may be the
measure and the limit of the grant.
SEC. 9. The disposition, exploration, development,

of exploitation, or utilization of any of the natural
resources of the Philippines shall be limited to
citizens of the Philippines, or to corporations or
association at least sixty per centum of the capital
of which is owned by such citizens. The Batasang
Pambansa, 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 exploitation,
development, exploitation, or utilization of any of
the natural resources. Existing valid and binding
service contracts for financial, the technical,
management, or other forms of assistance are
hereby recognized as such.
SEC. 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.
SEC. 11. The Batasang Pambansa, 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 Batasang Pambansa upon
recommendation of the National Economic and
Development Authority.
SEC. 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.
SEC. 13. The Batasang Pambansa may authorize,

expropriation of private land to be subdivided into
small lots and conveyed at cost to deserving
citizens.
SEC. 14. Save in cases of hereditary succession, no

private lands shall be transferred or conveyed
except to individuals, corporations, or associations
qualified to acquire or hold lands of the public
domain.
SEC. 15. Notwithstanding the provisions of

Section 14 of this Article, a natural-born citizen of
the Philippines who has lost his Philippine
citizenship may be a transferee of private land, for
use by him as his residence, as the Batasang
Pambansa shall provide.
SEC. 16. Any provision of paragraph one, Section

fourteen, Article Eight and of this Article
notwithstanding, the President may enter into
international treaties or agreements as the national
welfare and interest may require.
ARTICLE XV
GENERAL PROVISIONS

recognized by law.
SEC. 2. The interim Batasang Pambansa 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 the ideals, 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.
SEC. 3. (1) 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.
(2) The Batasang Pambansa shall take steps

towards the development and formal adoption of a
common national language to be known as
Filipino.
(3) Until otherwise provided by law, English and

Pilipino shall be the official languages.
SEC. 4. All public officers and employees and

members of the armed forces shall take an oath to
support and defend the Constitution.
SEC. 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
Batasang Pambansa, any present, emolument,
office, or title of any kind from any foreign state.
SEC. 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.
SEC.7. (1) The ownership and management of

mass media shall be limited to citizens of the
wholly owned and managed by such citizens.
(2) The governing body of every entity engaged in

commercial telecommunications shall in all cases
be controlled by the citizens of the Philippines.
SEC. 8. (1) 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 the goals of national

development.
(2) All institutions of higher learning shall enjoy

academic freedom.
(3) The study of the Constitution shall be part of

the curricula in all schools.
(4) 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.
(5) 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.
(6) 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.
(7) 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
association 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
educational institution shall be established
exclusively for aliens, and no group of aliens shall
comprise more than one-third of the enrolment in
any school. The provisions of this sub-section shall
not apply to schools established for foreign
diplomatic personnel and their dependents and,
unless otherwise provided by law, for other foreign
temporary residents.
(8) 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.
SEC. 9. (1) The State shall promote scientific

research and invention. The advancement of
science and technology shall have priority in the
national development.
(2) Filipino culture shall be preserved and

developed for national identity. Arts and letters
shall be under the patronage of the State.
(3) The exclusive right to inventions, writings and

artistic creations shall be secured to inventors
authors, and artists for a limited period.

Scholarships, grants-in-aid, or other forms of
incentives shall be provided for specially gifted
citizens.
SEC. 10. It shall be the responsibility of the State

to achieve and maintain population levels most
conducive to the national welfare.
SEC. 11. The State shall consider the customs

traditions, beliefs, and interests of national cultural
communities in the formulation and
implementation of state policies.
SEC. 12. The State shall establish and maintain an

integrated national police force whose
organization, administration, and operation shall be
provided by law.
SEC. 13. (1) 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.
(2) 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.
SEC. 14. The Batasang Pambansa shall establish a

central monetary authority which shall provide
policy direction in the areas of money, banking,
and credit. It shall have supervisory authority over
the operations 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
Batasang Pambansa shall otherwise provide, the
Central Bank of the Philippines, operating under
existing laws, shall function as the central
monetary authority.
SEC. 15. The separation of church and state shall

be inviolable.
SEC. 16. The State may not be sued without its

consent.
ARTICLE XVI
AMENDMENTS
SECTION 1. (1) Any amendment to, or revision of.

this Constitution may be proposed by the Batasang
Pambansa upon a vote of three-fourths of all its
Members, or by a constitutional convention.
(2) The Batasang Pambansa 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.
SEC. 2. Any amendment to, or revision of, this

Constitution shall be valid when ratified by a
majority of the votes cast in a 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 and privileges,
and disqualifications as the regular. National
Assembly and the Members thereof.
SEC. 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 oath
and qualify thereto, after the ratification of this
Constitution.
SEC. 3. (1) 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 the interim Prime Minister, who shall then
exercise their respective powers vested by this
Constitution.
(2) 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 lifting of martial law or the
ratification of this Constitution, unless modified,
revoked, or superseded by subsequent
proclamations, orders, decrees, instructions, or
other acts of the incumbent President, or unless
expressly and explicitly modified or repealed by
the regular National Assembly.
SEC. 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.
SEC. 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, 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.
SEC. 6. The interim National Assembly shall

reapportion the Assembly seats in accordance with
Section two, Article Eight, 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
by law in accordance with this Constitution, and all
cases pending in said courts shall be heard, 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 12. All treaties, executive agreements, and

contracts entered into by the Government, or any
subdivision, agency, or instrumentality thereof,
corporations, are hereby recognized as legal, valid,
and binding. When the national interest so requires,
the incumbent President of the Philippines or the
interim Prime Minister may review all contracts,
concessions, permits, or other forms of privileges
for the exploration, development, exploitation, or
utilization of natural resources entered into,
granted, issued, or acquired before the ratification
of this Constitution.
SEC. 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.
SEC. 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.
SEC. 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
amendments shall take effect when ratified in
accordance with Article Sixteen hereof.
SEC. 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.
The foregoing Constitution was approved by the

Filipino people in a referendum held between
January 10, 1973 and January 15, 1973, the result
of which was announced under Proclamation
Numbered One Thousand One Hundred Two,
dated January 17, 1973, by His Excellency,
President Ferdinand E. Marcos. By virtue whereof,
the Constitution came into full force and effect as
of noon of January 17, 1973 In addition to the 1976
amendments reproduced in the following pages, the

Filipino people in two plebiscites respectively held
on January 30, 1980 and April 7, 1981 approved
the amendments herein incorporated, the results
being announced in Proclamation No. 1959 and
Proclamation No. 2077.
1976 AMENDMENTS
1. There shall be, in lieu of the interim National

Assembly, an interim Batasang Pambansa.
Members of the interim Batasang Pambansa which
shall not be more than 120, unless otherwise
provided by law, shall include the incumbent
President of the Philippines, representatives elected
from the different regions of the nation, those who
shall not be less than eighteen years of age elected
by their respective sectors, and those chosen by the
incumbent President from the Members of the
Cabinet. Regional representatives shall be
apportioned among the regions in accordance with
the number of their respective inhabitants and on
the basis of a uniform and progressive ratio, while
the sector shall be determined by law. The number
of representatives from each region or sector and
the manner of their election shall be prescribed and
regulated by law.
2. The interim Batasang Pambansa shall have the

same powers and its Members shall have the same
functions, responsibilities, rights, privileges, and

disqualifications as the interim National Assembly
and the regular National Assembly and the
Members thereof.
3. The incumbent President of the Philippines shall,

within 30 days from the election and selection of
the Members, convene the interim Batasang
Pambansa and preside over its sessions until the
Speaker shall have been elected. The incumbent
President of the Philippines shall be the Prime
Minister and he shall continue to exercise all his
powers even after the interim Batasang Pambansa
is organized and ready to discharge its functions,
and likewise he shall continue to exercise his
powers and prerogatives under the 1935
Constitution and the powers vested in the President
and the Prime Minister under this Constitutions.
4. The President (Prime Minister) and his Cabinet

shall exercise all the powers and functions, and
discharge the responsibilities of the regular
President (Prime Minister) and his Cabinet, and
shall be subject only to such disqualifications as
the President (Prime Minister) may prescribe. The
President (Prime Minister), if he so desires, may
appoint a Deputy Prime Minister or as many
Deputy Prime Ministers as he may deem necessary.
5. The incumbent President shall continue to

exercise legislative powers until martial law shall
have been lifted.
6. Whenever in the judgment of the President

(Prime Minister), there exists a grave emergency or
a threat or imminence thereof, or whenever the
interim Batasang Pambansa or the regular National
Assembly fails or is unable to act adequately on
any matter for any reason that in his judgment
requires immediate action, he may, in order to meet
the exigency, issue the necessary decrees, orders,
or letters of instructions, which shall form part of
the law of the land.
7. The Barangays and sanggunians shall continue

as presently constituted but their functions, powers
and composition may be altered by law.
Referenda conducted through the barangays and

under the supervision of the Commission on
Elections may be called at any time the
Government deems it necessary to ascertain the
will of the people regarding any important matter,
whether of national or local interest.
8. All provisions of this Constitution not

inconsistent with any of these amendments shall
continue in full force and effect.
9. These amendments shall take effect after the

incumbent President shall have proclaimed that
they have been ratified by a majority of the votes
cast in the referendum-plebiscite.
--- oOo ---

1986
FREEDOM
CONSTITUTION
[Proclamation No. 3, s. 1986]
Signed on March 25, 1986
MALACAÑANG
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
PROCLAMATION NO. 3
DECLARING A NATIONAL POLICY TO

IMPLEMENT REFORMS MANDATED BY
THE PEOPLE PROTECTING THEIR BASIC
RIGHTS, ADOPTING A PROVISIONAL
CONSTITUTION, AND PROVIDING FOR AN

ORDERLY TRANSITION TO A
GOVERNMENT UNDER A NEW
CONSTITUTION
WHEREAS, the new government was installed

through a direct exercise of the power of the
Filipino people assisted by units of the New Armed
Forces of the Philippines;
WHEREAS, the heroic action of the people was

done in defiance of the provisions of the 1973
Constitution, as amended;
WHEREAS, the direct mandate of the people as

manifested by their extraordinary action demands
the complete reorganization of the government,
restoration of democracy, protection of basic
rights, rebuilding of confidence in the entire
government system, eradication of graft and
corruption, restoration of peace and order,
maintenance of the supremacy of civilian authority
over the military, and the transition to government
under a New Constitution in the shortest time
possible;
WHEREAS, during the period of transition to a

New Constitution it must be guaranteed that the
government will respect basic human rights and
fundamental freedoms;
WHEREFORE, I, CORAZON C.
AQUINO, President of the Philippines, by virtue
of the power vested in me by the sovereign
mandate of the people; do hereby promulgate the
following Constitution:
PROVISIONAL CONSTITUTION
OF
THE REPUBLIC OF THE PHILIPPINES
ARTICLE 1
ADOPTION OF CERTAIN PROVISIONS OF
THE
1973 CONSTITUTION, AS AMENDED
SECTION 1. The provisions of ARTICLE I

(National Territory), ARTICLE III (Citizenship),
ARTICLE IV (Bill of Rights), ARTICLE V
(Duties and Obligations of Citizens), and
ARTICLE VI (Suffrage) of the 1973 Constitution,
as amended, remain in the force and effect and are
hereby adopted in toto as part of this Provisional
Constitution.
SECTION 2. The provision of ARTICLE II

(Declaration of Principles and State Policies),
ARTICLE VII (The President), ARTICLE X (The
Judiciary), ARTICLE XI (Local Government),
ARTICLE XIII (Accountability of Public
Officers), ARTICLE XIV (The National Economy
and Patrimony of the Nation), ARTICLE XV

(General Provisions) of the 1973 Constitution, as
amended, are hereby adopted as part of this
Provisional Constitution, as amended, are hereby
adopted as part of this Provisional Constitution,
insofar as they are not inconsistent with the
provisions of this Proclamation.
ARTICLE II
THE PRESIDENT,
THE VICE-PRESIDENT, AND THE
CABINET
SECTION 1. Until a legislature is elected and

convened under a New Constitution, the President
shall continue to exercise legislative power.
The President shall give priority to measures to

achieve the mandate of the people to:
a) Completely reorganize the government and

eradicate unjust and oppressive structures, and all
iniquitous vestiges of the previous regime;
b) Make effective the guarantees of civil,

political, human, social, economic and cultural
rights and freedoms of the Filipino people, and
provide remedies against violations thereof;
c) Rehabilitate the economy and promote the

nationalist aspirations of the people;
d) Recover ill-gotten properties amassed by the

leaders and supporters of the previous regime and
protect the interest of the people through orders of
sequestration or freezing of assets of accounts;
e) Eradicate graft and corruption in government

and punish those guilty thereof; and,
f) Restore peace and order, settle the problem

of insurgency, and pursue national reconciliation
based on justice.
SECTION 2. The President shall be assisted by a

Cabinet which shall be composed of Ministers with
or without portfolio who shall be appointed by the
President. They shall be accountable to and hold
office at the pleasure of the President.
SECTION 3. The President shall have control of

and exercise general supervision over all local
governments.
SECTION 4. In case of permanent vacancy arising

from death, incapacity or resignation of the
President, the Vice-President shall become
President.
In case of death, permanent incapacity, or

resignation of the Vice-President, the Cabinet shall
choose from among themselves the Minister with
portfolio who shall act as President.
SECTION 5. The Vice-President may be appointed

Member of the Cabinet and may perform such
other functions as may be assigned to him by the
President.
SECTION 6. The President, the Vice-President,

and the Members of the Cabinet shall be subject to
the disabilities provided for in Section 8, Article
VII, and in Section 6 and 7 Article IX,
respectively, of the 1973 Constitution, as amended.
ARTICLE III
GOVERNMENT REORGANIZATION
SECTION 1. In the reorganization of the

government, priority shall be given to measures to
promote economy, efficiency, and the eradication
of graft and corruption.
SECTION 2. All elective and appointive officials

and employees under the 1973 Constitution shall
continue in the office until otherwise provided by
proclamation or executive order or upon the
designation or appointment and qualification of
their successors, if such is made within a period of

one year from February 25, 1986.
SECTION 3. Any public office or employees

separated from the service as a result of the
reorganization effected under this Proclamation
shall, if entitled under the laws then in force,
receive the retirement and other benefits accuring
thereunder.
SECTION 4. The records, equipment, buildings,

facilities and other properties of all government
offices shall be carefully preserved. In case any
office or body is abolished or reorganized pursuant
to this Proclamation, its funds and properties shall
be transferred to the office or body to which its
powers, functions, and responsibilities substantially
pertain.
ARTICLE IV
EXISTING LAWS
SECTION 1. All existing laws, decrees, executive

orders, proclamations, letters of instruction,
implementing rules and regulations, and other
executive issuances not inconsistent with this
Proclamation shall remain operative until amended,
modified, or repealed by the President or the
regular legislative body to be established under a
New Constitution.
SECTION 2. The President may review all

contracts, concessions, permits, or other forms of
privileges for the exploration, development,
exploitation, or utilization of natural resources
entered into, granted, issued, or acquired before the
date of this proclamation and when the national
interest requires, amend, modify, or revoke them.
ARTICLE V
ADOPTION OF A NEW CONSTITUTION
SECTION 1. Within sixty (60) days from date of

this Proclamation, a Commission shall be
appointed by the President to draft a New
Constitution. The Commission shall be composed
of not less than thirty (30) nor more than fifty (50)
natural born citizens of the Philippines, of
recognized probity, known for their independence,
nationalism and patriotism. They shall be chosen
by the President after consultation with various
sectors of society.
SECTION 2. The Commission shall complete its

work within as short a period as may be consistent
with the need both to hasten the return of normal
constitutional government to draft a document truly
reflective of the ideals and aspirations of the
Filipino people.
SECTION 3. The Commission shall conduct public

hearings to insure that the people will have
adequate participation in the formulation of the
New Constitution.
SECTION 4. The plenary session of the

Commission shall be public and fully recorded.
SECTION 5. The New Constitution shall be

presented by the Commission to the President who
shall fix the date for the holding of a plebiscite. It
shall become valid and effective upon ratification
by a majority of the votes cast in such plebiscite
which shall be held within a period of sixty (60)
days following its submission to the President.
ARTICLE VI
HOLDING OF ELECTIONS
SECTION 1. National elections shall be held as

may be provided by the New Constitution.
SECTION 2. Local elections shall be held on a

date to be determined by the President which shall
be held on a date to be determined by the President
which shall not be earlier than the date of the
plebiscite for the ratification of the New
Constitution.
ARTICLE VII
EFFECTIVE DATE
SECTION 1. This Proclamation shall take effect

upon its promulgation by the President.
SECTION 2. Pursuant to the letter and spirit of this

Proclamation, a consolidated official text of the
Provisional Constitution shall be promulgated by
the President and published in English and Pilipino
in the official Gazette and in newspapers of general
circulation to insure widespread dissemination.
DONE in the City of Manila, the 25 th of March, in

the year of Our Lord, Nineteen Hundred and
Eighty-Six.
(Sgd.) CORAZON C. AQUINO
By the President:
(SGD.) JOKER P. ARROYO
Executive Secretary
--- oOo ---


1987
CONSTITUTION
OF THE
REPUBLIC OF THE
PHILIPPINES
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 I
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, and
connecting the islands of the archipelago,
regardless of their breadth and dimensions, form
part of the internal waters of the Philippines.
ARTICLE II
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 the
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

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

SECTION 10. No law impairing the obligation of

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 vitiate 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 and 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
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

Philippines:

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

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

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

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 qualified 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 for 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, contiguous, 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,
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 may be, who shall be chosen on the basis of
proportional representation from the political
parties and the parties or organizations registered
under the party-list 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 shall
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.

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 proposed 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.

particular item or items in an appropriation,
revenue, or tariff bill, but the veto shall not affect
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
system of religion, or of any priest, preacher,
minister, or other religious teacher, or dignitary as
such, except when such priest, preacher, minister,
or dignitary is assigned to the armed forces, or to
any penal institution, or government orphanage or

leprosarium.
(3) All money collected on any tax levied for a

special purpose shall be treated as a special fund
and paid out for such purpose only. If the purpose
for which a special fund was created has been
fulfilled or abandoned, the balance, if any, shall be
transferred to the general funds of the Government.
SECTION 30. No law shall be passed increasing

the appellate jurisdiction of the Supreme Court as
provided in this Constitution without its advice and
concurrence.
SECTION 31. No law granting a title of royalty or

nobility shall be enacted.
SECTION 32. The Congress shall, as early as

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

consecutive 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 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:

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.
Where no President and Vice-President shall have

been chosen or shall have qualified, or where both
shall have died or become permanently disabled,
the President of the Senate or, in case of his
inability, the Speaker of the House of
Representatives shall act as President until a
President or a Vice-President shall have been
chosen and qualified.
The Congress shall, by law, provide for the manner

in which one who is to act as President shall be
selected until a President or a Vice-President shall
have qualified, in case of death, permanent
disability, or inability of the officials mentioned in
the next preceding paragraph.
SECTION 8. In case of death, permanent

disability, removal from office, or resignation of
the President, the Vice-President shall become the
President to serve the unexpired term. In case of
death, permanent disability, removal from office,
or resignation of both the President and Vice-
President, the President of the Senate or, in case of
his inability, the Speaker of the House of
Representatives, shall then act as President until
the President or Vice-President shall have been
elected and qualified.
The Congress shall, by law, provide who shall

serve as President in case of death, permanent
disability, or resignation of the Acting President.

He shall serve until the President or the Vice-
President shall have been elected and qualified, and
be subject to the same restrictions of powers and
disqualifications as the Acting President.
SECTION 9. Whenever there is a vacancy in the

Office of the Vice-President during the term for
which he was elected, the President shall nominate
a Vice-President from among the Members of the
Senate and the House of Representatives who shall
assume office upon confirmation by a majority
vote of all the Members of both Houses of the
Congress, voting separately.
SECTION 10. The Congress shall, at ten o’clock in

the morning of the third day after the vacancy in
the offices of the President and Vice-President
occurs, convene in accordance with its rules
without need of a call and within seven days enact
a law calling for a special election to elect a
President and a Vice-President to be held not
earlier than forty-five days nor later than sixty days
from the time of such call. The bill calling such
special election shall be deemed certified under
paragraph 2, Section 26, Article VI of this
Constitution and shall become law upon its
approval on third reading by the Congress.
Appropriations for the special election shall be
charged against any current appropriations and
shall be exempt from the requirements of

paragraph 4, Section 25, Article VI of this
Constitution. The convening of the Congress
cannot be suspended nor the special election
postponed. No special election shall be called if the
vacancy occurs within eighteen months before the
date of the next presidential election.
SECTION 11. Whenever the President transmits to

the President of the Senate and the Speaker of the
House of Representatives his written declaration
that he is unable to discharge the powers and duties
of his office, and until he transmits to them a
written declaration to the contrary, such powers
and duties shall be discharged by the Vice-
President as Acting President.
Whenever a majority of all the Members of the

Cabinet transmit to the President of the Senate and
to the Speaker of the House of Representatives
their written declaration that the President is unable
to discharge the powers and duties of his office, the
Vice-President shall immediately assume the
powers and duties of the office as Acting President.
Thereafter, when the President transmits to the

President of the Senate and to the Speaker of the
House of Representatives his written declaration
that no inability exists, he shall reassume the
powers and duties of his office. Meanwhile, should
a majority of all the Members of the Cabinet

transmit within five days to the President of the
Senate and to the Speaker of the House of
Representatives their written declaration that the
President is unable to discharge the powers and
duties of his office, the Congress shall decide the
issue. For that purpose, the Congress shall
convene, if it is not in session, within forty-eight
hours, in accordance with its rules and without
need of call.
If the Congress, within ten days after receipt of the

last written declaration, or, if not in session, within
twelve days after it is required to assemble,
determines by a two-thirds vote of both Houses,
voting separately, that the President is unable to
discharge the powers and duties of his office, the
Vice-President shall act as the President; otherwise,
the President shall continue exercising the powers
and duties of his office.
SECTION 12. In case of serious illness of the

President, the public shall be informed of the state
of his health. The Members of the Cabinet in
charge of national security and foreign relations
and the Chief of Staff of the Armed Forces of the
Philippines, shall not be denied access to the
President during such illness.
SECTION 13. The President, Vice-President, the

Members of the Cabinet, and their deputies or
assistants shall not, unless otherwise provided in
this Constitution, hold any other office or
employment during their tenure. They shall not,
during said tenure, directly or indirectly, practice
any other profession, participate in any business, or
be financially interested in any contract with, or in
any franchise, or special privilege granted by the
Government or any subdivision, agency, or
owned or controlled corporations or their
subsidiaries. They shall strictly avoid conflict of
interest in the conduct of their office.
The spouse and relatives by consanguinity or

affinity within the fourth civil degree of the
President shall not during his tenure be appointed
as members of the Constitutional Commissions, or
the Office of the Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of bureaus or
offices, including government-owned or controlled
corporations and their subsidiaries.
SECTION 14. Appointments extended by an

Acting President shall remain effective, unless
revoked by the elected President within ninety days
from his assumption or reassumption of office.
SECTION 15. Two months immediately before the

next presidential elections and up to the end of his
term, a President or Acting President shall not
make appointments, except temporary
appointments to executive positions when
continued vacancies therein will prejudice public
service or endanger public safety.
SECTION 16. The President shall nominate and,

with the consent of the Commission on
Appointments, appoint the heads of the executive
departments, ambassadors, other public ministers
and consuls, or officers of the armed forces from
the rank of colonel or naval captain, and other
officers whose appointments are vested in him in
this Constitution. He shall also appoint all other
officers of the Government whose appointments
are not otherwise provided for by law, and those
whom he may be authorized by law to appoint. The
Congress may, by law, vest the appointment of
other officers lower in rank in the President alone,
in the courts, or in the heads of departments,
agencies, commissions, or boards.
The President shall have the power to make

appointments during the recess of the Congress,
whether voluntary or compulsory, but such
appointments shall be effective only until after
disapproval by the Commission on Appointments
or until the next adjournment of the Congress.
SECTION 17. The President shall have control of

all the executive departments, bureaus, and offices.
He shall ensure that the laws be faithfully executed.
SECTION 18. The President shall be the

Commander-in-Chief of all armed forces of the
Philippines and whenever it becomes necessary, he
may call out such armed forces to prevent or
suppress lawless violence, invasion or rebellion. In
case of invasion or rebellion, when the public
safety requires it, he may, for a period not
exceeding sixty days, suspend the privilege of the
writ of habeas corpus or place the Philippines or
any part thereof under martial law. Within forty-
eight hours from the proclamation of martial law or
the suspension of the privilege of the writ of habeas
corpus, the President shall submit a report in
person or in writing to the Congress. The Congress,
voting jointly, by a vote of at least a majority of all
its Members in regular or special session, may
revoke such proclamation or suspension, which
revocation shall not be set aside by the President.
Upon the initiative of the President, the Congress
may, in the same manner, extend such
proclamation or suspension for a period to be
determined by the Congress, if the invasion or
rebellion shall persist and public safety requires it.
The Congress, if not in session, shall, within

twenty-four hours following such proclamation or
suspension, convene in accordance with its rules

without any need of a call.
The Supreme Court may review, in an appropriate

proceeding filed by any citizen, the sufficiency of
the factual basis of the proclamation of martial law
or the suspension of the privilege of the writ or the
extension thereof, and must promulgate its decision
thereon within thirty days from its filing.
A state of martial law does not suspend the

operation of the Constitution, nor supplant the
functioning of the civil courts or legislative
assemblies, nor authorize the conferment of
jurisdiction on military courts and agencies over
civilians where civil courts are able to function, nor
automatically suspend the privilege of the writ.
The suspension of the privilege of the writ shall

apply only to persons judicially charged for
rebellion or offenses inherent in or directly
connected with the invasion.
During the suspension of the privilege of the writ,

any person thus arrested or detained shall be
judicially charged within three days, otherwise he
shall be released.
SECTION 19. Except in cases of impeachment, or

as otherwise provided in this Constitution, the
President may grant reprieves, commutations and

pardons, and remit fines and forfeitures, after
conviction by final judgment.
He shall also have the power to grant amnesty with

the concurrence of a majority of all the Members of
the Congress.
SECTION 20. The President may contract or

guarantee foreign loans on behalf of the Republic
of the Philippines with the prior concurrence of the
Monetary Board, and subject to such limitations as
may be provided by law. The Monetary Board
shall, within thirty days from the end of every
quarter of the calendar year, submit to the Congress
a complete report of its decisions on applications
for loans to be contracted or guaranteed by the
Government or government-owned and controlled
corporations which would have the effect of
increasing the foreign debt, and containing other
matters as may be provided by law.
SECTION 21. No treaty or international agreement

shall be valid and effective unless concurred in by
at least two-thirds of all the Members of the
Senate.
SECTION 22. The President shall submit to the

Congress within thirty days from the opening of
every regular session, as the basis of the general
appropriations bill, a budget of expenditures and

sources of financing, including receipts from
existing and proposed revenue measures.
SECTION 23. The President shall address the

Congress at the opening of its regular session. He
may also appear before it at any other time.
ARTICLE VIII
Judicial Department
SECTION 1. The judicial power shall be vested in

one Supreme Court and in such lower courts as
may be established by law.
Judicial power includes the duty of the courts of

justice to settle actual controversies involving
rights which are legally demandable and
enforceable, and to determine whether or not there
has been a grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of any
branch or instrumentality of the Government.
SECTION 2. The Congress shall have the power to

define, prescribe, and apportion the jurisdiction of
various courts but may not deprive the Supreme
Court of its jurisdiction over cases enumerated in
Section 5 hereof.
No law shall be passed reorganizing the Judiciary

when it undermines the security of tenure of its
Members.
SECTION 3. The Judiciary shall enjoy fiscal

autonomy. Appropriations for the Judiciary may
not be reduced by the legislature below the amount
appropriated for the previous year and, after
approval, shall be automatically and regularly
released.
SECTION 4. (1) The Supreme Court shall be

composed of a Chief Justice and fourteen Associate
Justices. It may sit en banc or in its discretion, in
divisions of three, five, or seven Members. Any
vacancy shall be filled within ninety days from the
occurrence thereof.
(2) All cases involving the constitutionality of a

treaty, international or executive agreement, or law,
which shall be heard by the Supreme Court en
banc, and all other cases which under the Rules of
Court are required to be heard en banc, including
those involving the constitutionality, application, or
operation of presidential decrees, proclamations,
orders, instructions, ordinances, and other
regulations, shall be decided with the concurrence
of a majority of the Members who actually took
part in the deliberations on the issues in the case
and voted thereon.
(3) Cases or matters heard by a division shall be

decided or resolved with the concurrence of a
majority of the Members who actually took part in
the deliberations on the issues in the case and voted
thereon, and in no case, without the concurrence of
at least three of such Members. When the required
number is not obtained, the case shall be decided
en banc: Provided, that no doctrine or principle of
law laid down by the court in a decision rendered
en banc or in division may be modified or reversed
except by the court sitting en banc.
SECTION 5. The Supreme Court shall have the

following powers:
(1) Exercise original jurisdiction over cases

affecting ambassadors, other public ministers and
consuls, and over petitions for certiorari,
prohibition, mandamus, quo warranto, and habeas
corpus.
(2) Review, revise, reverse, modify, or affirm on

appeal or certiorari, as the law or the Rules of
Court may provide, final judgments and orders of
lower courts in:
(a) All cases in which the constitutionality or

validity of any treaty, international or executive
agreement, law, presidential decree, proclamation,
order, instruction, ordinance, or regulation is in

question.
(b) All cases involving the legality of any tax,

(c) All cases in which the jurisdiction of any lower

court is in issue.
(d) All criminal cases in which the penalty imposed

is reclusion perpetua or higher.
(e) All cases in which only an error or question of

law is involved.
(3) Assign temporarily judges of lower courts to

other stations as public interest may require. Such
temporary assignment shall not exceed six months
without the consent of the judge concerned.
(4) Order a change of venue or place of trial to

avoid a miscarriage of justice.
(5) Promulgate rules concerning the protection and

enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the admission
to the practice of law, the Integrated Bar, and legal
assistance to the underprivileged. 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.
Rules of procedure of special courts and quasi-
judicial bodies shall remain effective unless
disapproved by the Supreme Court.
(6) Appoint all officials and employees of the

Judiciary 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. (1) No person shall be appointed

Member of the Supreme Court or any lower
collegiate court unless he is a natural-born citizen
of the Philippines. A Member of the Supreme
Court must be 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.
(2) The Congress shall prescribe the qualifications

of judges of lower courts, but no person may be
appointed judge thereof unless he is a citizen of the
Philippines and a member of the Philippine Bar.
(3) A Member of the Judiciary must be a person of

proven competence, integrity, probity, and
independence.
SECTION 8. (1) A Judicial and Bar Council is

hereby created under the supervision of the
Supreme Court composed of the Chief Justice as ex
officio Chairman, the Secretary of Justice, and a
representative of the Congress as ex officio
Members, a representative of the Integrated Bar, a
professor of law, a retired Member of the Supreme
Court, and a representative of the private sector.
(2) The regular Members of the Council shall be

appointed by the President for a term of four years
with the consent of the Commission on
Appointments. Of the Members first appointed, the
representative of the Integrated Bar shall serve for
four years, the professor of law for three years, the
retired Justice for two years, and the representative
of the private sector for one year.
(3) The Clerk of the Supreme Court shall be the

Secretary ex officio of the Council and shall keep a
record of its proceedings.
(4) The regular Members of the Council shall

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

the Council.
(5) The Council shall have the principal function of

recommending appointees to the Judiciary. It may
exercise such other functions and duties as the
Supreme Court may assign to it.
SECTION 9. The Members of the Supreme Court

and judges of lower courts shall be appointed by
the President from a list of at least three nominees
prepared by the Judicial and Bar Council for every
vacancy. Such appointments need no confirmation.
For the lower courts, the President shall issue the

appointments within ninety days from the
submission of the list.
SECTION 10. The salary of the Chief Justice and

of the Associate Justices of the Supreme Court, and
of judges of lower courts shall be fixed by law.
During their continuance in office, their salary
shall not be decreased.

and judges of lower courts shall hold office during
good behavior until they reached the age of seventy
years or become incapacitated to discharge the
duties of their office. The Supreme Court en banc
shall have the power to discipline judges of lower
courts, or order their dismissal by a vote of a

majority of the Members who actually took part in
the deliberations on the issues in the case and voted
thereon.

and of other courts established by law shall not be
designated to any agency performing quasi-judicial
or administrative functions.
SECTION 13. 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 the opinion of the Court. A certification
to this effect signed by the Chief Justice shall be
issued and a copy thereof attached to the record of
the case and served upon the parties. Any Member
who took no part, or dissented, or abstained from a
decision or resolution must state the reason
therefor. The same requirements shall be observed
by all lower collegiate courts.
SECTION 14. No decision shall be rendered by

any court without expressing therein clearly and
distinctly the facts and the law on which it is based.
No petition for review or motion for

reconsideration of a decision of the court shall be
refused due course or denied without stating the

legal basis therefor.
SECTION 15. (1) All cases or matters filed after

the effectivity of this Constitution must be decided
or resolved within twenty-four months from date of
submission for the Supreme Court, and, unless
reduced by the Supreme Court, twelve months for
all lower collegiate courts, and three months for all
other lower courts.
(2) A case or matter shall be deemed submitted for

decision or resolution upon the filing of the last
pending, brief, or memorandum required by the
Rules of Court or by the court itself.
(3) Upon the expiration of the corresponding

period, a certification to this effect signed by the
Chief Justice or the presiding judge shall forthwith
be issued and a copy thereof attached to the record
of the case or matter, and served upon the parties.
The certification shall state why a decision or
resolution has not been rendered or issued within
said period.
(4) Despite the expiration of the applicable

mandatory period, the court, without prejudice to
such responsibility as may have been incurred in
consequence thereof, shall decide or resolve the
case or matter submitted thereto for determination,

without further delay.
SECTION 16. The Supreme Court shall, within

thirty days from the opening of each regular
session of the Congress, submit to the President
and the Congress an annual report on the
operations and activities of the Judiciary.
ARTICLE IX
Constitutional Commissions
A. Common Provisions
SECTION 1. The Constitutional Commissions,

which shall be independent, are the Civil Service
Commission, the Commission on Elections, and
the Commission on Audit.
SECTION 2. No Member of a Constitutional

Commission shall, during his tenure, hold any
other office or employment. Neither shall he
engage in the practice of any profession or in the
active management or control of any business
which in any way be affected by the functions of
his office, nor shall he be financially interested,
directly or indirectly, in any contract with, or in
any franchise or privilege granted by the
Government, any of its subdivisions, agencies, or

instrumentalities, including government-owned or
controlled corporations or their subsidiaries.
SECTION 3. The salary of the Chairman and the

Commissioners shall be fixed by law and shall not
be decreased during their tenure.
SECTION 4. The Constitutional Commissions

shall appoint their officials and employees in
SECTION 5. The Commission shall enjoy fiscal

autonomy. Their approved annual appropriations
shall be automatically and regularly released.
SECTION 6. Each Commission en banc may

promulgate its own rules concerning pleadings and
practice before it or before any of its offices. Such
rules however shall not diminish, increase, or
modify substantive rights.
SECTION 7. Each Commission shall decide by a

majority vote of all its Members any case or matter
brought before it within sixty days from the date of
its submission for decision or resolution. A case or
matter is deemed submitted for decision or
resolution upon the filing of the last pleading, brief,
or memorandum required by the rules of the
Commission or by the Commission itself. Unless
otherwise provided by this Constitution or by law,

any decision, order, or ruling of each Commission
may be brought to the Supreme Court on certiorari
by the aggrieved party within thirty days from
receipt of a copy thereof.
SECTION 8. Each Commission shall perform such

other functions as may be provided by law.
B. The Civil Service Commission
SECTION 1. (1) The Civil Service shall be

administered by the 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, at
least thirty-five years of age, with proven capacity
for public administration, and must not have been
candidates for any elective position in the elections
immediately preceding their appointment.

appointed by the President with the consent of the
Commission on Appointments for a term of seven
years without reappointment. Of those first
appointed, the Chairman shall hold office for seven
years, a Commissioner for five years, and another
Commissioner for three years, without
reappointment. Appointment to any vacancy shall
be only for the unexpired term of the predecessor.
In no case shall any Member be appointed or

designated in a temporary or acting capacity.
SECTION 2. (1) The civil service embraces all

branches, subdivisions, instrumentalities, and
agencies of the Government, including
government-owned or controlled corporations with
original charters.
(2) Appointments in the civil service shall be made

only according to merit and fitness to be
determined, as far as practicable, and, except to
positions which are policy-determining, primarily
confidential, or highly technical, by competitive
examination.
(3) No officer or employee of the civil service shall

be removed or suspended except for cause
provided by law.
(4) No officer or employee in the civil service shall

engage, directly or indirectly, in any electioneering
or partisan political campaign.
(5) The right to self-organization shall not be

denied to government employees.
(6) Temporary employees of the Government shall

be given such protection as may be provided by
law.
SECTION 3. The Civil Service Commission, as the

central personnel agency of the Government, shall
establish a career service and adopt measures to
promote morale, efficiency, integrity,
responsiveness, progressiveness, and courtesy in
the civil service. It shall strengthen the merit and
rewards system, integrate all human resources
development programs for all levels and ranks, and
institutionalize a management climate conducive to
public accountability. It shall submit to the
President and the Congress an annual report on its
personnel programs.
SECTION 4. All public officers and employees

shall take an oath or affirmation to uphold and
defend this Constitution.
SECTION 5. The Congress shall provide for the

standardization of compensation of government
officials and employees, including those in
government-owned or controlled corporations with
original charters, taking into account the nature of
the responsibilities pertaining to, and the
qualifications required for their positions.
SECTION 6. No candidate who has lost in any

election shall, within one year after such election,
be appointed to any office in the Government or
any government-owned or controlled corporations
or in any of their subsidiaries.
SECTION 7. No elective official shall be eligible

for appointment or designation in any capacity to
any public office or position during his tenure.
Unless otherwise allowed by law or by the primary

functions of his position, no appointive official
shall hold any other office or employment in the
Government or any subdivision, agency or
owned or controlled corporations or their
subsidiaries.
SECTION 8. No elective or appointive public

officer or employee shall receive additional,
double, or indirect compensation, unless
specifically authorized by law, nor accept without
the consent of the Congress, any present,
emolument, office, or title of any kind from any
foreign government.
Pensions or gratuities shall not be considered as

additional, double, or indirect compensation.
C. The Commission on Elections
SECTION 1. (1) There shall be a Commission on

Elections composed of a 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, and must not have

been candidates for any elective position in the
immediately preceding elections. 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.

appointed, three Members shall hold office for
seven years, two Members for five years, and the
last Members for three years, without
be only for the unexpired term of the predecessor.
In no case shall any Member be appointed or
designated in a temporary or acting capacity.
SECTION 2. The Commission on Elections shall

exercise the following powers and functions:
(1) Enforce and administer all laws and regulations

relative to the conduct of an election, plebiscite,
initiative, referendum, and recall.
(2) Exercise exclusive original jurisdiction over all

contests relating to the elections, returns, and
qualifications of all elective regional, provincial,
and city officials, and appellate jurisdiction over all
contests involving elective municipal officials

decided by trial courts of general jurisdiction, or
involving elective barangay officials decided by
trial courts of limited jurisdiction.
Decisions, final orders, or rulings of the

Commission on election contests involving elective
municipal and barangay offices shall be final,
executory, and not appealable.
(3) Decide, except those involving the right to vote,

all questions affecting elections, including
determination of the number and location of
polling places, appointment of election officials
and inspectors, and registration of voters.
(4) Deputize, with the concurrence of the President,

law enforcement agencies and instrumentalities of
the Government, including the Armed Forces of
the Philippines, for the exclusive purpose of
ensuring free, orderly, honest, peaceful, and
credible elections.
(5) Register, after sufficient publication, political

parties, organizations, or coalitions which, in
addition to other requirements, must present their
platform or program of government; and accredit
citizens’ arms of the Commission on Elections.
Religious denominations and sects shall not be
registered. Those which seek to achieve their goals
through violence or unlawful means, or refuse to

uphold and adhere to this Constitution, or which
are supported by any foreign government shall
likewise be refused registration.
Financial contributions from foreign governments

and their agencies to political parties,
organizations, coalitions, or candidates related to
elections constitute interference in national affairs,
and, when accepted, shall be an additional ground
for the cancellation of their registration with the
Commission, in addition to other penalties that
(6) File, upon a verified complaint, or on its own

initiative, petitions in court for inclusion or
exclusion of voters; investigate and, where
appropriate, prosecute cases of violations of
election laws, including acts or omissions
constituting election frauds, offenses, and
malpractices.
(7) Recommend to the Congress effective measures

to minimize election spending, including limitation
of places where propaganda materials shall be
posted, and to prevent and penalize all forms of
election frauds, offenses, malpractices, and
nuisance candidacies.
(8) Recommend to the President the removal of

any officer or employee it has deputized, or the
imposition of any other disciplinary action, for
violation or disregard of, or disobedience to its
directive, order, or decision.
(9) Submit to the President and the Congress a

comprehensive report on the conduct of each
election, plebiscite, initiative, referendum, or
recall.
SECTION 3. The Commission on Elections may

sit en banc or in two divisions, and shall
promulgate its rules of procedure in order to
expedite disposition of election cases, including
pre-proclamation controversies. All such election
cases shall be heard and decided in division,
provided that motions for reconsideration of
decisions shall be decided by the Commission en
banc.
SECTION 4. The Commission may, during the

election period, supervise or regulate the
enjoyment or utilization of all franchises or permits
for the operation of transportation and other public
utilities, media of communication or information,
all grants, special privileges, or concessions
granted by the Government or any subdivision,
agency, or instrumentality thereof, including any
government-owned or controlled corporation or its
subsidiary. Such supervision or regulation shall

aim to ensure equal opportunity, time, and space,
and the right to reply, including reasonable, equal
rates therefor, for public information campaigns
and forums among candidates in connection with
the objective of holding free, orderly, honest,
peaceful, and credible elections.
SECTION 5. No pardon, amnesty, parole, or

suspension of sentence for violation of election
laws, rules, and regulations shall be granted by the
President without the favorable recommendation of
the Commission.
SECTION 6. A free and open party system shall be

allowed to evolve according to the free choice of
the people, subject to the provisions of this Article.
SECTION 7. No votes cast in favor of a political

party, organization, or coalition shall be valid,
except for those registered under the party-list
system as provided in this Constitution.
SECTION 8. Political parties, or organizations or

coalitions registered under the party-list system,
shall not be represented in the voters’ registration
boards, boards of election inspectors, boards of
canvassers, or other similar bodies. However, they
shall be entitled to appoint poll watchers in
SECTION 9. Unless otherwise fixed by the

Commission in special cases, the election period
shall commence ninety days before the day of the
election and shall end thirty days after.
SECTION 10. Bona fide candidates for any public

office shall be free from any form of harassment
and discrimination.
SECTION 11. Funds certified by the Commission

as necessary to defray the expenses for holding
regular and special elections, plebiscites,
initiatives, referenda, and recalls, shall be provided
in the regular or special appropriations and, once
approved, shall be released automatically upon
certification by the Chairman of the Commission.
D. Commission on Audit
SECTION 1. (1) There shall be a 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, and must not
have been candidates for any elective position in
the elections immediately preceding their
appointment. At no time shall all Members of the

Commission belong to the same profession.

appointed, the Chairman shall hold office for seven
years, one Commissioner for five years, and the
other Commissioner for three years, without
be only for the unexpired portion of the term of the
predecessor. In no case shall any Member be
appointed or designated in a temporary or acting
capacity.
SECTION 2. (1) The Commission on Audit shall

have the power, authority, and duty to examine,
audit, and settle all accounts pertaining to the
revenue 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,
corporations with original charters, and on a post-
audit basis: (a) constitutional bodies, commissions
and offices that have been granted fiscal autonomy
under this Constitution; (b) autonomous state
colleges and universities; (c) other government-
owned or controlled corporations and their
subsidiaries; and (d) such non-governmental

entities receiving subsidy or equity, directly or
indirectly, from or through the Government, which
are required by law or the granting institution to
submit to such audit as a condition of subsidy or
equity. However, where the internal control system
of the audited agencies is inadequate, the
Commission may adopt such measures, including
temporary or special pre-audit, as are necessary
and appropriate to correct the deficiencies. It shall
keep the general accounts of the Government and,
for such period as may be provided by law,
preserve the vouchers and other supporting papers
pertaining thereto.
(2) The Commission shall have exclusive authority,

subject to the limitations in this Article, to define
the scope of its audit and examination, establish the
techniques and methods required therefor, and
promulgate accounting and auditing rules and
regulations, including those for the prevention and
disallowance of irregular, unnecessary, excessive,
extravagant, or unconscionable expenditures, or
uses of government funds and properties.
SECTION 3. No law shall be passed exempting

any entity of the Government or its subsidiary in
any guise whatever, or any investment of public
funds, from the jurisdiction of the Commission on
Audit.
SECTION 4. The Commission shall submit to the

President and the Congress, within the time fixed
by law, an annual report covering the financial
condition and operation of the Government, its
subdivisions, agencies, and instrumentalities,
corporations, and non-governmental entities
subject to its audit, and recommend measures
necessary to improve their effectiveness and
efficiency. It shall submit such other reports as may
be required by law.
ARTICLE X
Local Government
General Provisions

subdivisions of the Republic of the Philippines are
the provinces, cities, municipalities, and barangays.
There shall be autonomous regions in Muslim
Mindanao and the Cordilleras as hereinafter
provided.

subdivisions shall enjoy local autonomy.
SECTION 3. The Congress shall enact a local

government code which shall provide for a more
responsive and accountable local government
structure instituted through a system of
decentralization with effective mechanisms of
recall, initiative, and referendum, allocate among
the different local government units their powers,
responsibilities, and resources, and provide for the
qualifications, election, appointment and removal,
term, salaries, powers and functions and duties of
local officials, and all other matters relating to the
organization and operation of the local units.
SECTION 4. The President of the Philippines shall

exercise general supervision over local
governments. Provinces with respect to component
cities and municipalities, and cities and
municipalities with respect to component
barangays shall ensure that the acts of their
component units are within the scope of their
prescribed powers and functions.
SECTION 5. Each local government unit shall

have the power to create its own sources of
revenues and to levy taxes, fees, and charges
subject to such guidelines and limitations as the
Congress may provide, consistent with the basic
policy of local autonomy. Such taxes, fees, and
charges shall accrue exclusively to the local
governments.
SECTION 6. Local government units shall have a

just share, as determined by law, in the national
taxes which shall be automatically released to
them.
SECTION 7. Local governments shall be entitled

to an equitable share in the proceeds of the
utilization and development of the national wealth
within their respective areas, in the manner
provided by law, including sharing the same with
the inhabitants by way of direct benefits.
SECTION 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. Voluntary renunciation of the office for any
length of time shall not be considered as an
interruption in the continuity of his service for the
full term for which he was elected.
SECTION 9. Legislative bodies of local

governments shall have sectoral representation as
SECTION 10. No province, city, municipality, or

barangay may be created, divided, merged,
abolished, or its boundary substantially altered,
except in accordance with the criteria established in
the Local Government Code and subject to
approval by a majority of the votes cast in a

plebiscite in the political units directly affected.
SECTION 11. The Congress may, by law, create

special metropolitan political subdivisions, subject
to a plebiscite as set forth in Section 10 hereof. The
component cities and municipalities shall retain
their basic autonomy and shall be entitled to their
own local executives and legislative assemblies.
The jurisdiction of the metropolitan authority that
will hereby be created shall be limited to basic
services requiring coordination.
SECTION 12. Cities that are highly urbanized, as

determined by law, and component cities whose
charters prohibit their voters from voting for
provincial elective officials, shall be independent
of the province. The voters of component cities
within a province, whose charters contain no such
prohibition, shall not be deprived of their right to
vote for elective provincial officials.
SECTION 13. Local government units may group

themselves, consolidate or coordinate their efforts,
services, and resources for purposes commonly
beneficial to them in accordance with law.
SECTION 14. The President shall provide for

regional development councils or other similar
bodies composed of local government officials,
regional heads of departments and other

government offices, and representatives from non-
governmental organizations within the regions for
purposes of administrative decentralization to
strengthen the autonomy of the units therein and to
accelerate the economic and social growth and
development of the units in the region.
Autonomous Region
SECTION 15. There shall be created autonomous

regions in Muslim Mindanao and in the Cordilleras
consisting of provinces, cities, municipalities, and
geographical areas sharing common and distinctive
historical and cultural heritage, economic and
social structures, and other relevant characteristics
within the framework of this Constitution and the
national sovereignty as well as territorial integrity
of the Republic of the Philippines.
SECTION 16. The President shall exercise general

supervision over autonomous regions to ensure that
the laws are faithfully executed.
SECTION 17. All powers, functions, and

responsibilities not granted by this Constitution or
by law to the autonomous regions shall be vested in
the National Government.
SECTION 18. The Congress shall enact an organic

act for each autonomous region with the assistance
and participation of the regional consultative
commission composed of representatives appointed
by the President from a list of nominees from
multisectoral bodies. The organic act shall define
the basic structure of government for the region
consisting of the executive department and
legislative assembly, both of which shall be
elective and representative of the constituent
political units. The organic acts shall likewise
provide for special courts with personal, family,
and property law jurisdiction consistent with the
provisions of this Constitution and national laws.
The creation of the autonomous region shall be

effective when approved by majority of the votes
cast by the constituent units in a plebiscite called
for the purpose, provided that only provinces,
cities, and geographic areas voting favorably in
such plebiscite shall be included in the autonomous
region.
SECTION 19. The first Congress elected under this

Constitution shall, within eighteen months from the
time of organization of both Houses, pass the
organic acts for the autonomous regions in Muslim
Mindanao and the Cordilleras.
SECTION 20. Within its territorial jurisdiction and

subject to the provisions of this Constitution and
national laws, the organic act of autonomous
regions shall provide for legislative powers over:
(1) Administrative organization;
(2) Creation of sources of revenues;
(3) Ancestral domain and natural resources;
(4) Personal, family, and property relations;
(5) Regional urban and rural planning

development;
(6) Economic, social, and tourism development;
(7) Educational policies;
(8) Preservation and development of the cultural

heritage; and
(9) Such other matters as may be authorized by law

for the promotion of the general welfare of the
people of the region.
SECTION 21. The preservation of peace and order

within the regions shall be the responsibility of the
local police agencies which shall be organized,

maintained, supervised, and utilized in accordance
with applicable laws. The defense and security of
the regions shall be the responsibility of the
National Government.
ARTICLE XI
Accountability of Public Officers
SECTION 1. Public office is a public trust. Public

officers and employees must at all times be
accountable to the people, serve them with utmost
responsibility, integrity, loyalty, and efficiency, act
with patriotism and justice, and lead modest lives.
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
violation of the Constitution, treason, bribery, graft
and corruption, other high crimes, or betrayal of
public trust. All other public officers and
employees may be removed from office as
provided by law, but not by impeachment.
SECTION 3. (1) The House of Representatives

shall have the exclusive power to initiate all cases
of impeachment.
(2) A verified complaint for impeachment may be

filed by any Member of the House of
Representatives or by any citizen upon a resolution
of endorsement by any Member thereof, which
shall be included in the Order of Business within
ten session days, and referred to the proper
Committee within three session days thereafter.
The Committee, after hearing, and by a majority
vote of all its Members, shall submit its report to
the House within sixty session days from such
referral, together with the corresponding resolution.
The resolution shall be calendared for
consideration by the House within ten session days
from receipt thereof.
(3) A vote of at least one-third of all the Members

of the House shall be necessary either to affirm a
favorable resolution with the Articles of
Impeachment of the Committee, or override its
contrary resolution. The vote of each Member shall
be recorded.
(4) In case the verified complaint or resolution of

impeachment is filed by at least one-third of all the
Members of the House, the same shall constitute
the Articles of Impeachment, and trial by the
Senate shall forthwith proceed.
(5) No impeachment proceedings shall be initiated

against the same official more than once within a
period of one year.
(6) The Senate shall have the sole power to try and
decide all cases of impeachment. When sitting for
that purpose, the Senators shall be on oath or
affirmation. When the President of the Philippines
is on trial, the Chief Justice of the Supreme Court
shall preside, but shall not vote. No person shall be
convicted without the concurrence of two-thirds of
all the Members of the Senate.
(7) Judgment in cases of impeachment shall not

extend further than removal from office and
disqualification to hold any office under the
Republic of the Philippines, but the party convicted
shall nevertheless be liable and subject to
prosecution, trial, and punishment according to
law.
(8) The Congress shall promulgate its rules on

impeachment to effectively carry out the purpose
of this section.
SECTION 4. The present anti-graft court known as

the Sandiganbayan shall continue to function and
exercise its jurisdiction as now or hereafter may be
provided by law.
SECTION 5. There is hereby created the

independent Office of the Ombudsman, composed
of the Ombudsman to be known as Tanodbayan,
one overall Deputy and at least one Deputy each
for Luzon, Visayas, and Mindanao. A separate
Deputy for the military establishment may likewise
be appointed.
SECTION 6. The officials and employees of the

Office of the Ombudsman, other than the Deputies,
shall be appointed by the Ombudsman according to
the Civil Service Law.
SECTION 7. The existing Tanodbayan shall

hereafter be known as the Office of the Special
Prosecutor. It shall continue to function and
exercise its powers as now or hereafter may be
provided by law, except those conferred on the
Office of the Ombudsman created under this
Constitution.
SECTION 8. The Ombudsman and his Deputies

shall be natural-born citizens of the Philippines,
and at the time of their appointment, at least forty
years old, of recognized probity and independence,
and members of the Philippine Bar, and must not
have been candidates for any elective office in the
immediately preceding election. The Ombudsman
must have for ten years or more been a judge or
engaged in the practice of law in the Philippines.
During their tenure, they shall be subject to the

same disqualifications and prohibitions as provided
for in Section 2 of Article IX-A of this
Constitution.

shall be appointed by the President from a list of at
least six nominees prepared by the Judicial and Bar
Council, and from a list of three nominees for
every vacancy thereafter. Such appointments shall
require no confirmation. All vacancies shall be
filled within three months after they occur.

shall have the rank of Chairman and Members,
respectively, of the Constitutional Commissions,
and they shall receive the same salary, which shall
not be decreased during their term of office.

shall serve for a term of seven years without
reappointment. They shall not be qualified to run
for any office in the election immediately
succeeding their cessation from office.
SECTION 12. The Ombudsman and his Deputies,

as protectors of the people, shall act promptly on
complaints filed in any form or manner against
public officials or employees of the Government,
or any subdivision, agency or instrumentality
thereof, including government-owned or controlled

corporations, and shall, in appropriate cases, notify
the complainants of the action taken and the result
thereof.
SECTION 13. The Office of the Ombudsman shall

have the following powers, functions, and duties:
(1) Investigate on its own, or on complaint by any

person, any act or omission of any public official,
employee, office or agency, when such act or
omission appears to be illegal, unjust, improper, or
inefficient.
(2) Direct, upon complaint or at its own instance,

any public official or employee of the Government,
or any subdivision, agency or instrumentality
thereof, as well as of any government-owned or
controlled corporation with original charter, to
perform and expedite any act or duty required by
law, or to stop, prevent, and correct any abuse or
impropriety in the performance of duties.
(3) Direct the officer concerned to take appropriate

action against a public official or employee at fault,
and recommend his removal, suspension,
demotion, fine, censure, or prosecution, and ensure
compliance therewith.
(4) Direct the officer concerned, in any appropriate

case, and subject to such limitations as may be
provided by law, to furnish it with copies of
documents relating to contracts or transactions
entered into by his office involving the
disbursement or use of public funds or properties,
and report any irregularity to the Commission on
Audit for appropriate action.
(5) Request any government agency for assistance

and information necessary in the discharge of its
responsibilities, and to examine, if necessary,
pertinent records and documents.
(6) Publicize matters covered by its investigation

when circumstances so warrant and with due
prudence.
(7) Determine the causes of inefficiency, red tape,

mismanagement, fraud, and corruption in the
Government and make recommendations for their
elimination and the observance of high standards of
ethics and efficiency.
(8) Promulgate its rules of procedure and exercise

such other powers or perform such functions or
duties as may be provided by law.
SECTION 14. The Office of the Ombudsman shall

enjoy fiscal autonomy. Its approved annual
appropriations shall be automatically and regularly

released.
SECTION 15. The right of the State to recover

properties unlawfully acquired by public officials
or employees, from them or from their nominees or
transferees, shall not be barred by prescription,
laches, or estoppel.
SECTION 16. No loan, guaranty, or other form of

financial accommodation for any business purpose
may be granted, directly or indirectly, by any
government-owned or controlled bank or financial
institution to the President, the Vice-President, the
Members of the Cabinet, the Congress, the
Supreme Court, and the Constitutional
Commissions, the Ombudsman, or to any firm or
entity in which they have controlling interest,
during their tenure.
SECTION 17. A public officer or employee shall,

upon assumption of office and as often thereafter
as may be required by law, submit a declaration
under oath of his assets, liabilities, and net worth.
In the case of the President, the Vice-President, the
Members of the Cabinet, the Congress, the
Supreme Court, the Constitutional Commissions
and other constitutional offices, and officers of the
armed forces with general or flag rank, the
declaration shall be disclosed to the public in the
manner provided by law.
SECTION 18. Public officers and employees owe

the State and this Constitution allegiance at all
times, and any public officer or employee who
seeks to change his citizenship or acquire the status
of an immigrant of another country during his
tenure shall be dealt with by law.
ARTICLE XII
National Economy and Patrimony
SECTION 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; and an
expanding productivity as the key to raising the
quality of life for all, especially the
underprivileged.
The State shall promote industrialization and full

employment based on sound agricultural
development and agrarian reform, through
industries that make full and efficient use of human
and natural resources, and which are competitive in
both domestic and foreign markets. However, the
State shall protect Filipino enterprises against
unfair foreign competition and trade practices.
In the pursuit of these goals, all sectors of the

economy and all regions of the country shall be
given optimum opportunity to develop. Private
enterprises, including corporations, cooperatives,
and similar collective organizations, shall be
encouraged to broaden the base of their ownership.
SECTION 2. All lands of the public domain,

waters, minerals, coal, petroleum, and other
mineral oils, all forces of potential energy,
fisheries, forests or timber, wildlife, flora and
fauna, and other natural resources are owned by the
State. With the exception of agricultural lands, all
other natural resources shall not be alienated. The
exploration, development, and utilization of natural
resources shall be under the full control and
supervision of the State. The State may directly
undertake such activities, or it may enter into co-
production, joint venture, or production-sharing
agreements with Filipino citizens, or corporations
or associations at least sixty per centum of whose
capital is owned by such citizens. Such agreements
may be for a period not exceeding twenty-five
years, renewable for not more than twenty-five
years, and under such terms and conditions as may
be provided by law. In cases of water rights for
irrigation, water supply, fisheries, or industrial uses
other than the development of water power,
beneficial use may be the measure and limit of the
grant.
The State shall protect the nation’s marine wealth

in its archipelagic waters, territorial sea, and
exclusive economic zone, and reserve its use and
enjoyment exclusively to Filipino citizens.
The Congress may, by law, allow small-scale

utilization of natural resources by Filipino citizens,
as well as cooperative fish farming, with priority to
subsistence fishermen and fishworkers in rivers,
lakes, bays, and lagoons.
The President may enter into agreements with

foreign-owned corporations involving either
technical or financial assistance for large-scale
exploration, development, and utilization of
minerals, petroleum, and other mineral oils
according to the general terms and conditions
provided by law, based on real contributions to the
economic growth and general welfare of the
country. In such agreements, the State shall
promote the development and use of local scientific
and technical resources.
The President shall notify the Congress of every

contract entered into in accordance with this
provision, within thirty days from its execution.
SECTION 3. Lands of the public domain are

classified into agricultural, forest or timber,
mineral lands, and national parks. Agricultural
lands of the public domain may be further

classified by law according to the uses which they
may be devoted. Alienable lands of the public
domain shall be limited to agricultural lands.
Private corporations or associations may not hold
such alienable lands of the public domain except
by lease, for a period not exceeding twenty-five
years, renewable for not more than twenty-five
years, and not to exceed one thousand hectares in
area. Citizens of the Philippines may lease not
more than five hundred hectares, or acquire not
more than twelve hectares thereof by purchase,
homestead, or grant.
Taking into account the requirements of

conservation, ecology, and development, and
subject to the requirements of agrarian reform, the
Congress shall determine, by law, the size of lands
of the public domain which may be acquired,
developed, held, or leased and the conditions
therefor.
SECTION 4. The Congress shall, as soon as

possible, determine by law the specific limits of
forest lands and national parks, marking clearly
their boundaries on the ground. Thereafter, such
forest lands and national parks shall be conserved
and may not be increased nor diminished, except
by law. The Congress shall provide, for such
period as it may determine, measures to prohibit

logging in endangered forests and watershed areas.
SECTION 5. The State, subject to the provisions of

this Constitution and national development policies
and programs, shall protect the rights of indigenous
cultural communities to their ancestral lands to
ensure their economic, social, and cultural well-
being.
The Congress may provide for the applicability of

customary laws governing property rights or
relations in determining the ownership and extent
of ancestral domain.
SECTION 6. The use of property bears a social

function, and all economic agents shall contribute
to the common good. Individuals and private
groups, including corporations, cooperatives, and
similar collective organizations, shall have the right
to own, establish, and operate economic
enterprises, subject to the duty of the State to
promote distributive justice and to intervene when
the common good so demands.
SECTION 7. Save in cases of hereditary

succession, no private lands shall be transferred or
conveyed except to individuals, corporations, or
associations qualified to acquire or hold lands of
the public domain.
SECTION 8. Notwithstanding the provisions of

Section 7 of this Article, a natural-born citizen of
the Philippines who has lost his Philippine
citizenship may be a transferee of private lands,
subject to limitations provided by law.
SECTION 9. The Congress may establish an

independent economic and planning agency headed
by the President, which shall, after consultations
with the appropriate public agencies, various
private sectors, and local government units,
recommend to Congress, and implement
continuing integrated and coordinated programs
and policies for national development.
Until the Congress provides otherwise, the

National Economic and Development Authority
shall function as the independent planning agency
of the government.
SECTION 10. The Congress shall, upon

recommendation of the economic and planning
agency, when the national interest dictates, reserve
to citizens of the Philippines or to corporations or
associations at least sixty per centum of whose
capital is owned by such citizens, or such higher
percentage as Congress may prescribe, certain
areas of investments. The Congress shall enact
measures that will encourage the formation and
operation of enterprises whose capital is wholly

owned by Filipinos.
In the grant of rights, privileges, and concessions

covering the national economy and patrimony, the
State shall give preference to qualified Filipinos.
The State shall regulate and exercise authority over

foreign investments within its national jurisdiction
and in accordance with its national goals and
priorities.
SECTION 11. 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 or to corporations or associations
organized under the laws of the Philippines at least
sixty per centum of whose capital is owned by such
citizens, nor shall such franchise, certificate, or
authorization be exclusive in character or for a
longer period than fifty years. Neither shall any
such franchise or right be granted except under the
alteration, or repeal by the Congress when the
common good 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 its capital, and all the
executive and managing officers of such

corporation or association must be citizens of the
Philippines.
SECTION 12. The State shall promote the

preferential use of Filipino labor, domestic
materials and locally produced goods, and adopt
measures that help make them competitive.
SECTION 13. The State shall pursue a trade policy

that serves the general welfare and utilizes all
forms and arrangements of exchange on the basis
of equality and reciprocity.
SECTION 14. The sustained development of a

reservoir of national talents consisting of Filipino
scientists, entrepreneurs, professionals, managers,
high-level technical manpower and skilled workers
and craftsmen in all fields shall be promoted by the
State. The State shall encourage appropriate
technology and regulate its transfer for the national
benefit.
The practice of all professions in the Philippines

shall be limited to Filipino citizens, save in cases
prescribed by law.
SECTION 15. The Congress shall create an agency

to promote the viability and growth of cooperatives
as instruments for social justice and economic

development.
SECTION 16. The Congress shall not, except by

general law, provide for the formation,
organization, or regulation of private corporations.
Government-owned or controlled corporations may
be created or established by special charters in the
interest of the common good and subject to the test
of economic viability.
SECTION 17. In times of national emergency,

when the public interest so requires, the State may,
during the emergency and under reasonable terms
prescribed by it, temporarily take over or direct the
operation of any privately owned public utility or
business affected with public interest.
SECTION 18. The State may, in the interest of

national welfare or defense, establish and operate
vital industries and, upon payment of just
compensation, transfer to public ownership utilities
and other private enterprises to be operated by the
Government.
SECTION 19. The State shall regulate or prohibit

monopolies when the public interest so requires.
No combinations in restraint of trade or unfair
competition shall be allowed.
SECTION 20. The Congress shall establish an

independent central monetary authority, the
members of whose governing board must be
natural-born Filipino citizens, of known probity,
integrity, and patriotism, the majority of whom
shall come from the private sector. They shall also
be subject to such other qualifications and
disabilities as may be prescribed by law. The
authority shall provide policy direction in the areas
of money, banking, and credit. It shall have
supervision over the operations of banks and
exercise such regulatory powers as may be
provided by law over the operations of finance
companies and other institutions performing
similar functions.
Until the Congress otherwise provides, the Central

Bank of the Philippines, operating under existing
laws, shall function as the central monetary
authority.
SECTION 21. Foreign loans may only be incurred

in accordance with law and the regulation of the
monetary authority. Information on foreign loans
obtained or guaranteed by the Government shall be
made available to the public.
SECTION 22. Acts which circumvent or negate

any of the provisions of this Article shall be
considered inimical to the national interest and
subject to criminal and civil sanctions, as may be

provided by law.
ARTICLE XIII
Social Justice and Human Rights
SECTION 1. The Congress shall give highest

priority to the enactment of measures that protect
and enhance the right of all the people to human
dignity, reduce social, economic, and political
inequalities, and remove cultural inequities by
equitably diffusing wealth and political power for
the common good.
To this end, the State shall regulate the acquisition,

ownership, use, and disposition of property and its
increments.
SECTION 2. The promotion of social justice shall

include the commitment to create economic
opportunities based on freedom of initiative and
self-reliance.
Labor
SECTION 3. The State shall afford full protection

to labor, local and overseas, organized and
unorganized, and promote full employment and
equality of employment opportunities for all.
It shall guarantee the rights of all workers to self-

organization, collective bargaining and
negotiations, and peaceful concerted activities,
including the right to strike in accordance with law.
They shall be entitled to security of tenure, humane
conditions of work, and a living wage. They shall
also participate in policy and decision-making
processes affecting their rights and benefits as may
be provided by law.
The State shall promote the principle of shared

responsibility between workers and employers and
the preferential use of voluntary modes in settling
disputes, including conciliation, and shall enforce
their mutual compliance therewith to foster
industrial peace.
The State shall regulate the relations between

workers and employers, recognizing the right of
labor to its just share in the fruits of production and
the right of enterprises to reasonable returns on
investments, and to expansion and growth.
Agrarian and Natural Resources Reform
SECTION 4. The State shall, by law, undertake an

agrarian reform program 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. To this end, the State

shall encourage and undertake the just distribution
of all agricultural lands, subject to such priorities
and reasonable retention limits as the Congress
may prescribe, taking into account ecological,
developmental, or equity considerations, and
subject to the payment of just compensation. In
determining retention limits, the State shall respect
the right of small landowners. The State shall
further provide incentives for voluntary land-
sharing.
SECTION 5. 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, and
shall provide support to agriculture through
appropriate technology and research, and adequate
financial, production, marketing, and other support
services.
SECTION 6. 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,
including lands of the public domain under lease or
concession suitable to agriculture, subject to prior
rights, homestead rights of small settlers, and the
rights of indigenous communities to their ancestral

lands.
The State may resettle landless farmers and

farmworkers in its own agricultural estates which
shall be distributed to them in the manner provided
by law.
SECTION 7. The State shall protect the rights of

subsistence fishermen, especially of local
communities, to the preferential use of local 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 also protect,
develop, and conserve such resources. The
protection shall extend to offshore fishing grounds
of subsistence fishermen against foreign intrusion.
Fishworkers shall receive a just share from their
labor in the utilization of marine and fishing
resources.
SECTION 8. The State shall provide incentives to

landowners to invest the proceeds of the agrarian
reform program to promote industrialization,
employment creation, and privatization of public
sector enterprises. Financial instruments used as
payment for their lands shall be honored as equity
in enterprises of their choice.
Urban Land Reform and Housing
SECTION 9. The State shall, by law, and for the

common good, undertake, in cooperation with the
public sector, a continuing program of urban land
reform and housing which will make available at
affordable cost decent housing and basic services
to underprivileged and homeless citizens in urban
centers and resettlements areas. It shall also
promote adequate employment opportunities to
such citizens. In the implementation of such
program the State shall respect the rights of small
property owners.
SECTION 10. Urban or rural poor dwellers shall

not be evicted nor their dwellings demolished,
except in accordance with law and in a just and
humane manner.
No resettlement of urban or rural dwellers shall be

undertaken without adequate consultation with
them and the communities where they are to be
relocated.
Health
SECTION 11. The State shall adopt an integrated

and comprehensive approach to health
development which shall endeavor to make
essential goods, health and other social services
available to all the people at affordable cost. There

shall be priority for the needs of the
underprivileged sick, elderly, disabled, women, and
children. The State shall endeavor to provide free
medical care to paupers.
SECTION 12. The State shall establish and

maintain an effective food and drug regulatory
system and undertake appropriate health manpower
development and research, responsive to the
country’s health needs and problems.
SECTION 13. The State shall establish a special

agency for disabled persons for rehabilitation, self-
development and self-reliance, and their integration
into the mainstream of society.
Women
SECTION 14. The State shall protect working

women by providing safe and healthful working
conditions, taking into account their maternal
functions, and such facilities and opportunities that
will enhance their welfare and enable them to
realize their full potential in the service of the
nation.
Role and Rights of People’s Organizations

SECTION 15. The State shall respect the role of

independent people’s organizations to enable the
people to pursue and protect, within the democratic
framework, their legitimate and collective interests
and aspirations through peaceful and lawful means.
People’s organizations are bona fide associations

of citizens with demonstrated capacity to promote
the public interest and with identifiable leadership,
membership, and structure.
SECTION 16. The right of the people and their

organizations to effective and reasonable
participation at all levels of social, political, and
economic decision-making shall not be abridged.
The State shall, by law, facilitate the establishment
of adequate consultation mechanisms.
Human Rights
SECTION 17. (1) There is hereby created an

independent office called the Commission on
Human Rights.
(2) The Commission shall be 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. The term of
office and other qualifications and disabilities of
the Members of the Commission shall be provided

by law.
(3) Until this Commission is constituted, the

existing Presidential Committee on Human Rights
shall continue to exercise its present functions and
powers.
(4) The approved annual appropriations of the

Commission shall be automatically and regularly
released.
SECTION 18. The Commission on Human Rights

shall have the following powers and functions:
(1) Investigate, on its own or on complaint by any

party, all forms of human rights violations
involving civil and political rights;
(2) Adopt its operational guidelines and rules of

procedure, and cite for contempt for violations
thereof in accordance with the Rules of Court;
(3) Provide appropriate legal measures for the

protection of human rights of all persons within the
Philippines, as well as Filipinos residing abroad,
and provide for preventive measures and legal aid
services to the underprivileged whose human rights
have been violated or need protection;
(4) Exercise visitorial powers over jails, prisons, or

detention facilities;
(5) Establish a continuing program of research,

education, and information to enhance respect for
the primacy of human rights;
(6) Recommend to the Congress effective measures

to promote human rights and to provide for
compensation to victims of violations of human
rights, or their families;
(7) Monitor the Philippine Government’s

compliance with international treaty obligations on
human rights;
(8) Grant immunity from prosecution to any person

whose testimony or whose possession of
documents or other evidence is necessary or
convenient to determine the truth in any
investigation conducted by it or under its authority;
(9) Request the assistance of any department,

bureau, office, or agency in the performance of its
functions;
(10) Appoint its officers and employees in

accordance with law; and
(11) Perform such other duties and functions as

may be provided by law.
SECTION 19. The Congress may provide for other

cases of violations of human rights that should fall
within the authority of the Commission, taking into
account its recommendations.
ARTICLE XIV
Education, Science and Technology, Arts,
Culture, and Sports
Education
SECTION 1. The State shall protect and promote
the right of all citizens to quality education at all
levels and shall take appropriate steps to make such
education accessible to all.
SECTION 2. The State shall:
(1) Establish, maintain, and support a complete,

adequate, and integrated system of education
relevant to the needs of the people and society;
(2) Establish and maintain a system of free public

education in the elementary and high school levels.
Without limiting the natural right of parents to rear
their children, elementary education is compulsory

for all children of school age;
(3) Establish and maintain a system of scholarship

grants, student loan programs, subsidies, and other
incentives which shall be available to deserving
students in both public and private schools,
especially to the underprivileged;
(4) Encourage non-formal, informal, and

indigenous learning systems, as well as self-
learning, independent, and out-of-school study
programs particularly those that respond to
community needs; and
(5) Provide adult citizens, the disabled, and out-of-

school youth with training in civics, vocational
efficiency, and other skills.
SECTION 3. (1) All educational institutions shall

include the study of the Constitution as part of the
curricula.
(2) They shall inculcate patriotism and nationalism,

foster love of humanity, respect for human rights,
appreciation of the role of national heroes in the
historical development of the country, teach the
rights and duties of citizenship, strengthen ethical
and spiritual values, develop moral character and
personal discipline, encourage critical and creative
thinking, broaden scientific and technological

knowledge, and promote vocational efficiency.
(3) At the option expressed in writing by the

parents or guardians, religion shall be allowed to be
taught to their children or wards in public
elementary and high schools within the regular
class hours by instructors designated or approved
by the religious authorities of the religion to which
the children or wards belong, without additional
cost to the Government.
SECTION 4. (1) The State recognizes the

complementary roles of public and private
institutions in the educational system and shall
exercise reasonable supervision and regulation of
all educational institutions.
(2) Educational institutions, other than those

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

institutions shall be vested in citizens of the
Philippines.
No educational institution shall be established

exclusively for aliens and no group of aliens shall
comprise more than one-third of the enrollment in
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 other foreign
temporary residents.
(3) All revenues and assets of non-stock, non-profit

educational institutions used actually, directly, and
exclusively for educational purposes shall be
exempt from taxes and duties. Upon the dissolution
or cessation of the corporate existence of such
institutions, their assets shall be disposed of in the
manner provided by law.
Proprietary educational institutions, including those

cooperatively owned, may likewise be entitled to
such exemptions subject to the limitations provided
by law including restrictions on dividends and
provisions for reinvestment.
(4) Subject to conditions prescribed by law, all

grants, endowments, donations, or contributions
used actually, directly, and exclusively for
educational purposes shall be exempt from tax.
SECTION 5. (1) The State shall take into account

regional and sectoral needs and conditions and
shall encourage local planning in the development

of educational policies and programs.
(2) Academic freedom shall be enjoyed in all

institutions of higher learning.
(3) Every citizen has a right to select a profession

or course of study, subject to fair, reasonable, and
equitable admission and academic requirements.
(4) The State shall enhance the right of teachers to

professional advancement. Non-teaching academic
and non-academic personnel shall enjoy the
protection of the State.
(5) The State shall assign the highest budgetary

priority to education and ensure that teaching will
attract and retain its rightful share of the best
available talents through adequate remuneration
and other means of job satisfaction and fulfillment.
Language
SECTION 6. The national language of the

Philippines is Filipino. As it evolves, it shall be
further developed and enriched on the basis of
existing Philippine and other languages.
Subject to provisions of law and as the Congress

may deem appropriate, the Government shall take
steps to initiate and sustain the use of Filipino as a
medium of official communication and as language
of instruction in the educational system.
SECTION 7. For purposes of communication and

instruction, the official languages of the Philippines
are Filipino and, until otherwise provided by law,
English.
The regional languages are the auxiliary official

languages in the regions and shall serve as
auxiliary media of instruction therein.
Spanish and Arabic shall be promoted on a

voluntary and optional basis.
SECTION 8. This Constitution shall be

promulgated in Filipino and English and shall be
translated into major regional languages, Arabic,
and Spanish.
SECTION 9. The Congress shall establish a

national language commission composed of
representatives of various regions and disciplines
which shall undertake, coordinate, and promote
researches for the development, propagation, and
preservation of Filipino and other languages.
Science and Technology
SECTION 10. Science and technology are essential

for national development and progress. The State
shall give priority to research and development,
invention, innovation, and their utilization; and to
science and technology education, training, and
services. It shall support indigenous, appropriate,
and self-reliant scientific and technological
capabilities, and their application to the country’s
productive systems and national life.
SECTION 11. The Congress may provide for

incentives, including tax deductions, to encourage
private participation in programs of basic and
applied scientific research. Scholarships, grants-in-
aid, or other forms of incentives shall be provided
to deserving science students, researchers,
scientists, inventors, technologists, and specially
gifted citizens.
SECTION 12. The State shall regulate the transfer

and promote the adaptation of technology from all
sources for the national benefit. It shall encourage
the widest participation of private groups, local
governments, and community-based organizations
in the generation and utilization of science and
technology.
SECTION 13. The State shall protect and secure

the exclusive rights of scientists, inventors, artists,
and other gifted citizens to their intellectual
property and creations, particularly when beneficial
to the people, for such period as may be provided
by law.
Arts and Culture
SECTION 14. The State shall foster the

preservation, enrichment, and dynamic evolution of
a Filipino national culture based on the principle of
unity in diversity in a climate of free artistic and
intellectual expression.
SECTION 15. Arts and letters shall enjoy the

patronage of the State. The State shall conserve,
promote, and popularize the nation’s historical and
cultural heritage and resources, as well as artistic
creations.
SECTION 16. All the country’s artistic and historic

wealth constitutes the cultural treasure of the nation
and shall be under the protection of the State which
may regulate its disposition.
SECTION 17. The State shall recognize, respect,

and protect the rights of indigenous cultural
communities to preserve and develop their cultures,
traditions, and institutions. It shall consider these
rights in the formulation of national plans and

policies.
SECTION 18. (1) The State shall ensure equal

access to cultural opportunities through the
educational system, public or private cultural
entities, scholarships, grants and other incentives,
and community cultural centers, and other public
venues.
(2) The State shall encourage and support

researches and studies on the arts and culture.
Sports
SECTION 19. (1) The State shall promote physical

education and encourage sports programs, league
competitions, and amateur sports, including
training for international competitions, to foster
self-discipline, teamwork, and excellence for the
development of a healthy and alert citizenry.
(2) All educational institutions shall undertake

regular sports activities throughout the country in
cooperation with athletic clubs and other sectors.
ARTICLE XV
The Family
SECTION 1. The State recognizes the Filipino

family as the foundation of the nation.
Accordingly, it shall strengthen its solidarity and
actively promote its total development.
SECTION 2. Marriage, as an inviolable social

institution, is the foundation of the family and shall
be protected by the State.
SECTION 3. The State shall defend:
(1) The right of spouses to found a family in

accordance with their religious convictions and the
demands of responsible parenthood;
(2) The right of children to assistance, including

proper care and nutrition, and special protection
from all forms of neglect, abuse, cruelty,
exploitation, and other conditions prejudicial to
their development;
(3) The right of the family to a family living wage

and income; and
(4) The right of families or family associations to

participate in the planning and implementation
of policies and programs that affect them.
SECTION 4. The family has the duty to care for its

elderly members but the State may also do so
through just programs of social security.
ARTICLE XVI
General Provisions

recognized by law.
SECTION 2. The Congress may, by law, adopt a

new name for the country, a national anthem, or a
national seal, which shall all be truly reflective and
symbolic of the ideals, history, and traditions of the
people. Such law shall take effect only upon its
ratification by the people in a national referendum.
SECTION 3. The State may not be sued without its

consent.
SECTION 4. The Armed Forces of the Philippines

shall be composed of a citizen armed force which
shall undergo military training and serve, as may
be provided by law. It shall keep a regular force
necessary for the security of the State.
SECTION 5. (1) All members of the armed forces

shall take an oath or affirmation to uphold and
defend this Constitution.
(2) The State shall strengthen the patriotic spirit

and nationalist consciousness of the military, and
respect for people’s rights in the performance of
their duty.
(3) Professionalism in the armed forces and

adequate remuneration and benefits of its members
shall be a prime concern of the State. The armed
forces shall be insulated from partisan politics.
No member of the military shall engage directly or

indirectly in any partisan political activity, except
to vote.
(4) No member of the armed forces in the active

service shall, at any time, be appointed or
designated in any capacity to a civilian position in
the Government including government-owned or
controlled corporations or any of their subsidiaries.
(5) Laws on retirement of military officers shall not

allow extension of their service.
(6) The officers and men of the regular force of the

armed forces shall be recruited proportionately
from all provinces and cities as far as practicable.
(7) The tour of duty of the Chief of Staff of the

armed forces shall not exceed three years.
However, in times of war or other national
emergency declared by the Congress, the President
may extend such tour of duty.
SECTION 6. The State shall establish and maintain

one police force, which shall be national in scope
and civilian in character, to be administered and
controlled by a national police commission. The
authority of local executives over the police units
in their jurisdiction shall be provided by law.
SECTION 7. The State shall provide immediate

and adequate care, benefits, and other forms of
assistance to war veterans and veterans of military
campaigns, their surviving spouses and orphans.
Funds shall be provided therefor and due
consideration shall be given them in the disposition
of agricultural lands of the public domain and, in
appropriate cases, in the utilization of natural
resources.
SECTION 8. The State shall, from time to time,

review to upgrade the pensions and other benefits
due to retirees of both the government and the
private sectors.
SECTION 9. The State shall protect consumers

from trade malpractices and from substandard or
hazardous products.
SECTION 10. The State shall provide the policy

environment for the full development of Filipino
capability and the emergence of communication
structures suitable to the needs and aspirations of
the nation and the balanced flow of information
into, out of, and across the country, in accordance
with a policy that respects the freedom of speech
and of the press.
SECTION 11. (1) The ownership and management

of mass media shall be limited to citizens of the
Philippines, or to corporations, cooperatives or
associations, wholly-owned and managed by such
citizens.
The Congress shall regulate or prohibit monopolies

in commercial mass media when the public interest
so requires. No combinations in restraint of trade or
unfair competition therein shall be allowed.
(2) The advertising industry is impressed with

public interest, and shall be regulated by law for
the protection of consumers and the promotion of
the general welfare.
Only Filipino citizens or corporations or

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

governing body of entities in such industry shall be
limited to their proportionate share in the capital
thereof, and all the executive and managing
officers of such entities must be citizens of the
Philippines.
SECTION 12. The Congress may create a

consultative body to advise the President on
policies affecting indigenous cultural communities,
the majority of the members of which shall come
from such communities.
ARTICLE XVII
Amendments or Revisions
SECTION 1. Any amendment to, or revision of,

this Constitution may be proposed by:
(1) The Congress, upon a vote of three-fourths of

all its Members; or
(2) A constitutional convention.

SECTION 2. Amendments to this Constitution may

likewise be directly proposed by the people
through initiative upon a petition of at least twelve
per centum of the total number of registered voters,
of which every legislative district must be
represented by at least three per centum of the
registered voters therein. No amendment under this
section shall be authorized within five years
following the ratification of this Constitution nor
oftener than once every five years thereafter.
The Congress shall provide for the implementation

of the exercise of this right.
SECTION 3. The Congress may, by a vote of two-

thirds of all its Members, call a constitutional
convention, or by a majority vote of all its
Members, submit to the electorate the question of
calling such a convention.
SECTION 4. Any amendment to, or revision of,

this Constitution under Section 1 hereof shall be
valid when ratified by a majority of the votes cast
in a plebiscite which shall be held not earlier than
sixty days nor later than ninety days after the
approval of such amendment or revision.
Any amendment under Section 2 hereof shall be

valid when ratified by a majority of the votes cast
in a plebiscite which shall be held not earlier than
sixty days nor later than ninety days after the

certification by the Commission on Elections of the
sufficiency of the petition.
ARTICLE XVIII
Transitory Provisions
SECTION 1. The first elections of Members of the

Congress under this Constitution shall be held on
the second Monday of May, 1987.
The first local elections shall be held on a date to

be determined by the President, which may be
simultaneous with the election of the Members of
the Congress. It shall include the election of all
Members of the city or municipal councils in the
Metropolitan Manila area.
SECTION 2. The Senators, Members of the House

of Representatives, and the local officials first
elected under this Constitution shall serve until
noon of June 30, 1992.
Of the Senators elected in the election of 1992, the

first twelve obtaining the highest number of votes
shall serve for six years and the remaining twelve
for three years.
SECTION 3. All existing laws, decrees, executive

orders, proclamations, letters of instructions, and
other executive issuances not inconsistent with this
Constitution shall remain operative until amended,
repealed, or revoked.
SECTION 4. All existing treaties or international

agreements which have not been ratified shall not
be renewed or extended without the concurrence of
at least two-thirds of all the Members of the
Senate.
SECTION 5. The six-year term of the incumbent

President and Vice-President elected in the
February 7, 1986 election is, for purposes of
synchronization of elections, hereby extended to
noon of June 30, 1992.
The first regular elections for the President and

Vice-President under this Constitution shall be held
on the second Monday of May, 1992.
SECTION 6. The incumbent President shall

continue to exercise legislative powers until the
first Congress is convened.
SECTION 7. Until a law is passed, the President

may fill by appointment from a list of nominees by
the respective sectors the seats reserved for sectoral
representation in paragraph (2), Section 5 of

Article VI of this Constitution.
SECTION 8. Until otherwise provided by the

Congress, the President may constitute the
Metropolitan Authority to be composed of the
heads of all local government units comprising the
Metropolitan Manila area.
SECTION 9. A sub-province shall continue to exist

and operate until it is converted into a regular
province or until its component municipalities are
reverted to the mother province.
SECTION 10. All courts existing at the time of the

ratification of this Constitution shall continue to
by law. The provisions of the existing Rules of
Court, judiciary acts, and procedural laws not
inconsistent with this Constitution shall remain
operative unless amended or repealed by the
Supreme Court or the Congress.
SECTION 11. The incumbent Members of the

Judiciary shall continue in office until they reach
the age of seventy years or become incapacitated to
discharge the duties of their office or are removed
for cause.
SECTION 12. The Supreme Court shall, within

one year after the ratification of this Constitution,
adopt a systematic plan to expedite the decision or
resolution of cases or matters pending in the
Supreme Court or the lower courts prior to the
effectivity of this Constitution. A similar plan shall
be adopted for all special courts and quasi-judicial
bodies.
SECTION 13. The legal effect of the lapse, before

the ratification of this Constitution, of the
applicable period for the decision or resolution of
the cases or matters submitted for adjudication by
the courts, shall be determined by the Supreme
Court as soon as practicable.
SECTION 14. The provisions of paragraphs (3)

and (4), Section 15 of Article VIII of this
Constitution shall apply to cases or matters filed
before the ratification of this Constitution, when
the applicable period lapses after such ratification.
SECTION 15. The incumbent Members of the

Civil Service Commission, the Commission on
Elections, and the Commission on Audit shall
continue in office for one year after the ratification
of this Constitution, unless they are sooner
removed for cause or become incapacitated to
discharge the duties of their office or appointed to a
new term thereunder. In no case shall any Member
serve longer than seven years including service

before the ratification of this Constitution.
SECTION 16. Career civil service employees

separated from the service not for cause but as a
result of the reorganization pursuant to
Proclamation No. 3 dated March 25, 1986 and the
reorganization following the ratification of this
Constitution shall be entitled to appropriate
separation pay and to retirement and other benefits
accruing to them under the laws of general
application in force at the time of their separation.
In lieu thereof, at the option of the employees, they
may be considered for employment in the
Government or in any of its subdivisions,
instrumentalities, or agencies, including
government-owned or controlled corporations and
their subsidiaries. This provision also applies to
career officers whose resignation, tendered in line
with the existing policy, had been accepted.
SECTION 17. Until the Congress provides

otherwise, the President shall receive an annual
salary of three hundred thousand pesos; the Vice-
President, the President of the Senate, the Speaker
of the House of Representatives, and the Chief
Justice of the Supreme Court, two hundred forty
thousand pesos each; the Senators, the Members of
the House of Representatives, the Associate
Justices of the Supreme Court, and the Chairmen of
the Constitutional Commissions, two hundred four

thousand pesos each; and the Members of the
Constitutional Commissions, one hundred eighty
thousand pesos each.
SECTION 18. At the earliest possible time, the

Government shall increase the salary scales of the
other officials and employees of the National
Government.
SECTION 19. All properties, records, equipment,

buildings, facilities, and other assets of any office
or body abolished or reorganized under
Proclamation No. 3 dated March 25, 1986 or this
Constitution shall be transferred to the office or
body to which its powers, functions, and
responsibilities substantially pertain.
SECTION 20. The first Congress shall give

priority to the determination of the period for the
full implementation of free public secondary
education.
SECTION 21. The Congress shall provide

efficacious procedures and adequate remedies for
the reversion to the State of all lands of the public
domain and real rights connected therewith which
were acquired in violation of the Constitution or
the public land laws, or through corrupt practices.
No transfer or disposition of such lands or real
rights shall be allowed until after the lapse of one

year from the ratification of this Constitution.
SECTION 22. At the earliest possible time, the

Government shall expropriate idle or abandoned
agricultural lands as may be defined by law, for
distribution to the beneficiaries of the agrarian
reform program.
SECTION 23. Advertising entities affected by

paragraph (2), Section 11 of Article XVI of this
Constitution shall have five years from its
ratification to comply on a graduated and
proportionate basis with the minimum Filipino
ownership requirement therein.
SECTION 24. Private armies and other armed

groups not recognized by duly constituted authority
shall be dismantled. All paramilitary forces
including Civilian Home Defense Forces not
consistent with the citizen armed force established
in this Constitution, shall be dissolved or, where
appropriate, converted into the regular force.
SECTION 25. After the expiration in 1991 of the

Agreement between the Republic of the Philippines
and the United States of America concerning
Military Bases, foreign military bases, troops, or
facilities shall not be allowed in the Philippines
except under a treaty duly concurred in by the
Senate and, when the Congress so requires, ratified

by a majority of the votes cast by the people in a
national referendum held for that purpose, and
recognized as a treaty by the other contracting
State.
SECTION 26. The authority to issue sequestration

or freeze orders under Proclamation No. 3 dated
March 25, 1986 in relation to the recovery of ill-
gotten wealth shall remain operative for not more
than eighteen months after the ratification of this
Constitution. However, in the national interest, as
certified by the President, the Congress may extend
said period.
A sequestration or freeze order shall be issued only

upon showing of a prima facie case. The order and
the list of the sequestered or frozen properties shall
forthwith be registered with the proper court. For
orders issued before the ratification of this
Constitution, the corresponding judicial action or
proceeding shall be filed within six months from its
ratification. For those issued after such ratification,
the judicial action or proceeding shall be
commenced within six months from the issuance
thereof.
The sequestration or freeze order is deemed

automatically lifted if no judicial action or
proceeding is commenced as herein provided.
SECTION 27. This Constitution shall take effect

immediately upon its ratification by a majority of
the votes cast in a plebiscite held for the purpose
and shall supersede all previous Constitutions.
Ratified: February 2, 1987
--- oOo ---

HISTORY
OF
THE
PHILIPPINE
CONSTITUTIONS
1. The 1897 Constitution of Biak-

na-Bato
The Katipunan's revolution led to the Tejeros

Convention where, at San Francisco de
Malabón, Cavite, on March 22, 1897, the first
presidential and vice presidential elections in
Philippine history were held—although
only Katipuneros (viz., members of the Katipunan)
were able to take part, and not the general
populace. A later meeting of the revolutionary
government established there, held on November 1,
1897 at Biak-na-Bato in the town of San Miguel de
Mayumo in Bulacán, established the Republic of
Biak-na-Bato. The republic had a constitution
drafted by Isabelo Artacho and Félix Ferrer and
based on the first Cuban Constitution It is known
as the "Constitución Provisional de la República de
Filipinas", and was originally written in and
promulgated in the Spanish and Tagalog languages.
2. The 1899 Malolos Constitution

The Malolos Constitution was the first republican
constitution in Asia. It declared that sovereignty
resides exclusively in the people, stated basic civil
rights, separated the church and state, and called
for the creation of an Assembly of Representatives
to act as the legislative body. It also called for a
parliamentary republic as the form of government.
The president was elected for a term of four years
by a majority of the Assembly. It was titled
"Constitución política", and was written in Spanish
following the declaration of independence from

Spain, proclaimed on January 20, 1899, and was
enacted and ratified by the Malolos Congress, a
Congress held in Malolos, Bulacan.
The Preamble reads:
“ "Nosotros los Representantes del

Pueblo Filipino, convocados
legítimamente para establecer la
justicia, proveer a la defensa común,
promover el bien general y asegurar
los beneficios de la libertad,
implorando el auxilio del Soberano
Legislador del Universo para alcanzar
estos fines, hemos votado, decretado
y sancionado la siguiente" ”
(We, the Representatives of the Filipino
people, lawfully convened in order to
establish justice, provide for common
defence, promote the general welfare, and
insure the benefits of liberty, imploring
the aid of the Sovereign Legislator of the
Universe for the attainment of these ends,
have voted, decreed, and sanctioned the
following)
3. Acts of the United States

Congress
The Philippines was a United States Territory from

December 10, 1898 to March 24, 1934 and
therefore under the jurisdiction of the Federal
Government of the United States. Two acts of the
United States Congress passed during this period
can be considered Philippine constitutions in that
those acts defined the fundamental political
principles and established the structure, procedures,
powers and duties of the Philippine government.
A. Philippine Organic Act of 1902
The Philippine Organic Act of 1902, sometimes
known as the "Philippine Bill of 1902", was the
first organic law for the Philippine Islands enacted
by the United States Congress. It provided for the
creation of a popularly elected Philippine
Assembly, and specified that legislative power
would be vested in a bicameral legislature
composed of the Philippine Commission (upper
house) and the Philippine Assembly (lower house).
Its key provisions included a bill of rights for the
Filipinos and the appointment of two non-voting
FilipinoResident Commissioner of the
Philippines to represent the Philippines in
the United States House of Representatives.
B. Philippine Autonomy Act of 1916
The Philippine Autonomy Act of 1916, sometimes
known as "Jones Law", modified the structure of
the Philippine government by removing the
Philippine Commission as the legislative upper
house and replacing it with a Senate elected by

Filipino voters, creating the Philippines' first fully
elected national legislature. This act also explicitly
stated that it was and had always been the purpose
of the people of the United States to end their
sovereignty over the Philippine Islands and to
recognise Philippine independence as soon as a
stable government can be established therein.
C. Tydings–McDuffie Act (1934)
Though not a constitution itself, the Tydings–
McDuffie Act of 1934 provided authority and
defined mechanisms for the establishment of a
formal constitution via a constitutional convention.
4. The 1935 Constitution

The 1935 Constitution was written in 1934,
approved and adopted by the Commonwealth of
the Philippines (1935–1946) and later used by the
Third Republic (1946–1972). It was written with
an eye to meeting the approval of the United States
Government as well, so as to ensure that the U.S.
would live up to its promise to grant the
Philippines independence and not have a premise
to hold onto its possession on the grounds that it
was too politically immature and hence unready for
full, real independence.
The Preamble reads:
“ "The Filipino people, imploring the

aid of Divine Providence, in order to
establish a government that shall
embody their ideals, conserve and
develop the patrimony of the nation,
promote the general welfare, and
secure to themselves and their
posterity the blessings of
independence under a regime of
justice, liberty, and democracy, do
ordain and promulgate this
constitution." ”
The original 1935 Constitution provided for
unicameral National Assembly and the President
was elected to a six-year term without re-election.
It was amended in 1940 to have a bicameral
Congress composed of a Senate and House of
Representatives, as well the creation of an
independent electoral commission. The
Constitution now granted the President a four-year
term with a maximum of two consecutive terms in
office.
A Constitutional Convention was held in 1971 to
rewrite the 1935 Constitution. The convention was
stained with manifest bribery and corruption.
Possibly the most controversial issue was removing
the presidential term limit so that Ferdinand E.
Marcos could seek election for a third term, which
many felt was the true reason for which the
convention was called. In any case, the 1935

Constitution was suspended in 1972 with Marcos'
proclamation of martial law, the rampant
corruption of the constitutional process providing
him with one of his major premises for doing so.

The 1943 Constitution was drafted by a committee
appointed by the Philippine Executive
Commission, the body established by the Japanese
to administer the Philippines in lieu of
the Commonwealth of the Philippines which had
established a government-in-exile. In mid-1942
Japanese Premier Hideki Tōjō had promised the
Filipinos "the honor of independence" which meant
that the commission would be supplanted by a
formal republic.
The Preparatory Committee for Philippine
Independence tasked with drafting a new
constitution was composed in large part, of
members of the prewar National Assembly and of
individuals with experience as delegates to the
convention that had drafted the 1935 Constitution.
Their draft for the republic to be established under
the Japanese Occupation, however, would be
limited in duration, provide for indirect, instead of
direct, legislative elections, and an even stronger
executive branch.
Upon approval of the draft by the Committee, the

new charter was ratified in 1943 by an assembly of
appointed, provincial representatives of
the Kalibapi, the organization established by the
Japanese to supplant all previous political parties.
Upon ratification by the Kalibapi assembly, the
Second Republic was formally proclaimed (1943–
1945). José P. Laurel was appointed as President
by the National Assembly and inaugurated into
office in October 1943. Laurel was highly regarded
by the Japanese for having openly criticised the US
for the way they ran the Philippines, and because
he had a degree from Tokyo International
University.
The 1943 Constitution remained in force in
Japanese-controlled areas of the Philippines, but
was never recognized as legitimate or binding by
the governments of the United States or of the
Commonwealth of the Philippines and guerrilla
organizations loyal to them. In late 1944, President
Laurel declared a state of war existed with the
United States and the British Empire and
proclaimed martial law, essentially ruling by
decree. His government in turn went into exile in
December 1944, first to Taiwan and then Japan.
After the announcement of Japan's surrender,
Laurel formally dissolved the Second Republic.
The Preamble reads:
“ "The Filipino people, imploring the

aid of Divine Providence and desiring
to lead a free national existence, do
hereby proclaim their independence,
and in order to establish a
government that shall promote the
general welfare, conserve and
develop the patrimony of the Nation,
and contribute to the creation of a
world order based on peace, liberty,
and moral justice, do ordain this
Constitution." ”
The 1943 Constitution provided strong executive
powers. The Legislature consisted of
a unicameral National Assembly and only those
considered to be anti-US could stand for election,
although in practice most legislators were
appointed rather than elected.
Until the 1960s, the Second Republic and its
officers, were not viewed as a legitimate Philippine
government or as having any standing, with the
exception of the Supreme Court, whose decisions,
limited to reviews of criminal and commercial
cases as part of a policy of discretion by Chief
Justice José Yulo continued to be part of the
official records. This was made easier by the
Commonwealth government-in-exile never
constituting a Supreme Court, and the formal
vacancy in the position of Chief Justice for the
Commonwealth with the execution of José Abad

Santos by the Japanese). It was only during the
Macapagal administration that a partial political
rehabilitation of the Japanese-era republic took
place, with the official recognition of Laurel as a
former president and the addition of his cabinet and
other officials to the roster of past government
officials. However, the 1943 Constitution was not
taught in schools, and the laws of the 1943-44
National Assembly never recognized as valid or
relevant.

The 1973 Constitution, promulgated after
Marcos' declaration of martial law, but having been
in the planning process for years before this, was
supposed to introduce a parliamentary-style
government. Legislative power was vested in
a unicameral National Assembly whose members
were elected for six-year terms. The President was
ideally elected as the symbolic and
purely ceremonial head of state chosen from
amongst the Members of the National Assembly
for a six-year term and could be re-elected to an
unlimited number of terms. Upon election, the
President ceased to be a Member of the National
Assembly. During his term, the President was not
allowed to be a member of a political party or hold
any other office.
Executive power was meant to be exercised by

the Prime Minister who was also elected from
amongst the sitting Assemblymen. The Prime
Minister was to be the head of
government and Commander-in-Chief of
the Armed Forces. This constitution was
subsequently amended four times (arguably five,
depending on how one considers Proclamation № 3
of 1986, see below).
From 16–17 October 1976, a majority
of barangay voters (also called "Citizen
Assemblies") approved that martial law should be
continued and ratified the amendments to the
Constitution proposed by President Marcos .
The 1976 amendments were:
 an Interim Batasang Pambansa (IBP)
substituting for the Interim National
Assembly;
 the President would also become the
Prime Minister and he would continue to
exercise legislative powers until such time as
martial law was lifted.
The Sixth Amendment authorized the President to
legislate on his own on an "emergency" basis:
Whenever in the judgement of the President there
exists a grave emergency or a threat or imminence
thereof, or whenever the Interim Batasang
Pambansa or the regular National Assembly fails or
is unable to act adequately on any matter for any
reason that in his judgment requires immediate

action, he may, in order to meet the exigency, issue
the necessary decrees, orders or letters of
instructions, which shall form part of the law of the
land.
The 1973 Constitution was further amended in
1980 and 1981. In the 1980 amendment, the
retirement age of the members of the judiciary was
extended to 70 years. In the 1981 amendments, the
false parliamentary system was formally modified
into a French-style semi-presidential system:
 executive power was restored to the
President;
 direct election of the President was
restored;
 an Executive Committee composed of the
Prime Minister and not more than 14 members
was created to "assist the President in the
exercise of his powers and functions and in the
performance of his duties as he may
prescribe;" and the Prime Minister was a mere
head of the Cabinet.
 Further, the amendments instituted
electoral reforms and provided that a natural
born citizen of the Philippines who has lost his
citizenship may be a transferee of private land
for use by him as his residence.
The last amendments in 1984 abolished the
Executive Committee and restored the position
of Vice-President (which did not exist in the

original, unamended 1973 Constitution).
While the 1973 Constitution ideally provided for a
true parliamentary system, in practise, Marcos had
made use of subterfuge and manipulation in order
to keep executive powers for himself, rather
than devolving these to the Assembly and the
cabinet headed by the Prime Minister. The end
result was that the final form of the 1973
Constitution – after all amendments and subtle
manipulations – was merely the abolition of the
Senate and a series of cosmetic rewordings. The
old American-derived terminology was replaced by
names more associated with parliamentary
government: for example, the House of
Representatives became known as the "Batasang
Pambansâ" (National Assembly), Departments
became "Ministries", and their cabinet secretaries
became known as "cabinet ministers", with the
President's assistant – the Executive Secretary –
now being styled the "Prime Minister". Marcos'
purported parliamentary system in practise
functioned as an authoritaritan presidential system,
with all real power concentrated in the hands of the
President but with the premise that such was now
constitutional.
7. The 1986 Freedom Constitution

Immediately following the 1986 People Power

Revolution that ousted Marcos, President Corazon
C. Aquino issued Proclamation № 3 as
aprovisional constitution. It adopted certain
provisions from the 1973 Constitution while
abolishing others. It granted the President broad
powers to reorganise government and remove
officials, as well as mandating the President to
appoint a commission to draft a new, more formal
Constitution. This document, described above,
supplanted the "Freedom Constitution" upon
its ratification in 1987.

On March 25, 1986, following the People Power
Revolution which ousted Ferdinand E. Marcos as
President, and following on her own inauguration,
Corazon C. Aquino issued Proclamation 3,
declaring a national policy to implement the
reforms mandated by the people, protecting their
basic rights, adopting a provisional constitution,
and providing for an orderly transition to a
government under a new constitution. On April 23,
President Aquino issued Proclamation № 9,
creating a Constitutional Commission (popularly
known as the "ConCom") to frame a new charter to
supersede the Marcos-era 1973 Constitution.
Aquino appointed 50 members to the Commission;
the members were drawn from varied backgrounds,
including several former congressmen,

former Supreme Court Chief Justice Roberto
Concepción, Roman Catholic bishop Teodoro
Bacani, and film director Lino Brocka. Aquino also
deliberately appointed five members, including
formerLabour Minister Blas Ople, who had been
allied with Marcos until the latter's ouster. After
the Commission had convened, it elected Cecilia
Muñoz-Palma as its president. Muñoz-Palma had
emerged as a leading figure in the anti-Marcos
opposition movement following her retirement as
the first female Associate Justice of the Supreme
Court. The Commission finished the draft charter
within four months after convening. Several issues
were heatedly debated during the sessions,
including on the form of government to adopt, the
abolition of the death penalty, the continued
retention of the Clark and Subic American military
bases, and the integration of economic policies into
the Constitution. Brocka would walk out of the
Commission before its completion, and two other
delegates would dissent from the final draft. The
ConCom completed their task on October 12, 1986
and presented the draft constitution to President
Aquino on October 15, 1986.
--- oOo ---


Constitutions of The Philippines

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Constitutions of The Philippines

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1 HISTORY OF THE PHILIPPINE

[Decree No. 29]

In Biac-na-bato on the first day of the month of

Constitution or the Fundamental Law of the

The separation of the Philippines from the Spanish

Republic has been the end sought by the

ARTICLE 1. The supreme government of the

ARTICLE 2. The powers of the Supreme Council

1st. To adopt measures for maintaining and

2nd. To impose and collect taxes, to issue foreign

3rd. To authorize privateering and issue letters of

4th. To try as a judicial body, should they think

5th. To have the right of supervision and supreme

6th. To select and nominate a Captain-General and

7th. To convene the Assembly of Representatives

ARTICLE 3. The Vice-President shall fill ad

ARTICLE 4 For each Secretary there shall be a

ARTICLE 5. The President. Vice-President,

ARTICLE 6. The President, Vice-President,

ARTICLE 7. The basis of every election and

ARTICLE 8. Tagalog shall be the official language

ARTICLE 9. The decisions of the Council of

ARTICLE 10. The executive power shall be vested

ARTICLE 11. In case of definite vacancies, in the

ARTICLE 12. Each Secretary shall have a vote in

ARTICLE 13. The Secretaries shall have the right

ARTICLE 14. The Secretary of Foreign Affairs

of Government reside in foreign parts, and

ARTICLE 15. The Secretary of the Interior shall be

ARTICLE 16. The Secretary of War is in charge of

ARTICLE 17. The Secretary of the Treasury shall

ARTICLE 18. The Secretaries shall have charge of

ARTICLE 19. The Captain-General of the Army

ARTICLE 20. The Lieutenant-General shall serve

ARTICLE 21. Each province of the Philippines

ARTICLE 22. Religious liberty, the right of

ARTICLE 23. Every Filipino shall have the right to

import whatsoever, in person or through his

ARTICLE 24. No person, whatever may be his

ARTICLE 25. Neither can any individual be

ARTICLE 26. Every Filipino is obliged to serve

ARTICLE 27. The debts and other obligations

ARTICLE 28. The officials of the Council of

them they shall be entitled to pensions according to

ARTICLE 29. The Council of Government has the

ARTICLE 30. The Supreme Council of Grace and

ARTICLE 31. The Supreme Council of Grace and

ARTICLE 32. Every official of the Republic shall

ARTICLE 33. When the necessary Army is

ARTICLE 34. This Constitution shall be in force

As it has been thus decreed by the Representatives

President, Emilio Aguinaldo . Severino de las

Francisco M. Soliman. Maximo Cabigting. Ramon

--- oOo ---

The President of the Council,

We, the Representatives of the Filipino people,

Universe for the attainment of these ends, have

ARTICLE 1. The political association of all

ARTICLE 2. The Philippine Republic is free and

ARTICLE 3. Sovereignty resides exclusively in the

ARTICLE 4. The Government of the Republic is

nor the legislative power vested in one single